5401 (1st sentence words before “for the education of the general public”)

200101

5401 (1st sentence words beginning with “for the education of the general public”)

200102

5401 (2d sentence words before proviso)

200103

5401 (2d sentence proviso, 3d sentence)

200104

5401 (last sentence words before proviso)

200105

5401 (last sentence proviso)

200104

5402

10102

5501(a) (less “nonprofit”)

40701

5501(a) (related to nonprofit)

40704

5501(b)(1)

40701

5501(b)(2)

40705

5501(c)(1)–(4)

40702

5501(c)(5)

Elim.

5501(d)

40702

5502(a) (words before cl. (1))

40721

5502(a) (less words before cl. (1))

40722

5502(b)

40724

5502(c)

40730

5502(d)

Rep.

5503

40723

5504(a)

40731

5504(b), (c)

40732

5504(d)

40731

5504(e)(1)

40732

5504(e)(2)

40733

5505

40728

5506(a)

40729

5506(b), (c)

40728

5506(d)

40729

5507

40727

5508(a)(1), (2)

40703

5508(a)(3)

40704

5508(b)–(e)

40703

5509

40706

5521

Rep.

5522

Elim.

5523

Rep.

5601

70102

5602

70106

5603

70103

5604

70110

5605

70104

5606, 5607

70105

5608(a)–(d)

70107

5608(e)

70108

5608(f)

70103

5608(g) (related to membership)

70104

5608(g) (related to directors and officers)

70105

5609

70111

5610

70109

5611

70112

5612

10102

5613 (related to termination of charter)

70102

5613 (related to duty to maintain status)

70108

5614

70102

5615

70101

5701(a)

151701

5701(b)

151702

5702(a)–(f)

151703

5702(g)(1)(A)

151704

5702(g)(1)(B), (C)

151705

5702(g)(2)(A) (1st, 2d sentences, last sentence related to employees)

151704

5702(g)(2)(A) (last sentence related to board of directors)

151703

5702(g)(2)(B), (C)

151704

5703(a)(1)

151701

5703(a)(2), (3)

151706

5703(a)(4), (a) (last par.)

151708

5703(b), (c)(1)–(4), (5) (words before 2d comma)

151705

5703(c)(5) (words after 2d comma)

151703

5703(c)(6), (7), (last par.)

151705

5704, 5705

151707

5706(a)

10101

5706(b)

151712

5706(c)

151709

5707

151710

5708

151711

5801

20202

5802

20206

5803

20203

5804

20210

5805

20204

5806, 5807

20205

5808(a)–(d)

20207

5808(e)

20208

5808(f)

20203

5808(g) (related to directors and officers)

20205

5808(g) (related to membership)

20204

5809

20211

5810

20209

5811

20212

5812

10102

5813 (related to termination of charter)

20202

5813 (related to duty to maintain status)

20208

5814

20202

5815

20201

5901

21002

5902

21006

5903

21003

5904

21010

5905

21004

5906, 5907

21005

5908(a)–(d)

21007

5908(e)

21008

5908(f)

21003

5908(g) (related to membership)

21004

5908(g) (related to directors and officers)

21005

5909

21011

5910

21009

5911

21012

5912

10102

5913 (related to termination of charter)

21002

5913 (related to duty to maintain status)

21008

5914

21002

5915

21001

Enacting Clause

Pub. L. 105–225, §1, Aug. 12, 1998, 112 Stat. 1253, provided in part that: “Certain general and permanent laws of the United States, related to patriotic and national observances, ceremonies, and organizations, are revised, codified, and enacted as title 36, United States Code, ‘Patriotic and National Observances, Ceremonies, and Organizations’ ”.

Legislative Purpose and Construction

Pub. L. 105–354, §4, Nov. 3, 1998, 112 Stat. 3245, provided that:

“(a) No Substantive Change.—(1) Section 1 of this Act restates, without substantive change, laws enacted before September 5, 1998, that were replaced by section 1. Section 1 may not be construed as making a substantive change in the laws replaced.

“(2) Laws enacted after September 4, 1998, that are inconsistent with this Act supersede this Act to the extent of the inconsistency.

“(b) References.—A reference to a law replaced by this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act.

“(c) Continuing Effect.—An order, rule, or regulation in effect under a law replaced by this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.

“(d) Actions and Offenses Under Prior Law.—An action taken or an offense committed under a law replaced by this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.

“(e) Inferences.—An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of a heading of the provision.

“(f) Severability.—If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision enacted by this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.”

Pub. L. 105–225, §5, Aug. 12, 1998, 112 Stat. 1499, provided that:

“(a) No Substantive Change.—Sections 1 and 2 of this Act restate, without substantive change, laws enacted before August 16, 1997, that were replaced by those sections. Those sections may not be construed as making a substantive change in the laws replaced. Laws enacted after August 15, 1997, that are inconsistent with this Act supersede this Act to the extent of the inconsistency.

“(b) References.—A reference to a law replaced by section 1 or 2 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act.

“(c) Continuing Effect.—An order, rule, or regulation in effect under a law replaced by section 1 or 2 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.

“(d) Actions and Offenses Under Prior Law.—An action taken or an offense committed under a law replaced by section 1 or 2 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.

“(e) Inferences.—An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of a caption or catch line of the provision.

“(f) Severability.—If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision enacted by this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.”

Repeals and Savings Provisions

Pub. L. 105–354, §5(a), Nov. 3, 1998, 112 Stat. 3245, provided that: “The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.”

Pub. L. 105–225, §6(a), Aug. 12, 1998, 112 Stat. 1499, provided that: “The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.”

Amendments

Benjamin Franklin Tercentenary Commission

“SECTION 1. SHORT TITLE.

“This Act may be referred to as the ‘Benjamin Franklin Tercentenary Commission Act’.

“SEC. 2. FINDINGS.

“The Congress finds as follows:

“(1) Benjamin Franklin was one of the most extraordinary men of the generation that founded the United States. Around the world, he remains one of the best-known Americans who has ever lived.

“(2) Benjamin Franklin's achievements include his literary work, his creation of philanthropic and educational institutions, his significant scientific explorations, and his service to the Nation as a statesman and diplomat.

“(3) Benjamin Franklin was the only American to sign all 5 enabling documents of the United States.

“(4) All people in the United States could benefit from studying the life of Benjamin Franklin and gaining a deeper appreciation of his legacy to the Nation.

“(5) January 17, 2006, is the 300th anniversary of the birth of Benjamin Franklin, and a commission should be established to study and recommend to the Congress activities that are fitting and proper to celebrate that anniversary in a manner that appropriately honors Benjamin Franklin.

“SEC. 3. ESTABLISHMENT.

“There is established a commission to be known as the Benjamin Franklin Tercentenary Commission (referred to in this Act as the ‘Commission’).

“SEC. 4. DUTIES.

“(a) Study.—The Commission shall have the following duties:

“(1) To study activities by the Government that would be fitting and proper to honor Benjamin Franklin on the occasion of the tercentenary of his birth, including but not limited to the following:

“(A) The minting of a Benjamin Franklin tercentenary coin.

“(B) The rededication of the Benjamin Franklin National Memorial at the Franklin Institute in Philadelphia, Pennsylvania, or other activities with respect to that memorial.

“(C) The acquisition and preservation of artifacts associated with Benjamin Franklin.

“(D) The sponsorship of publications, including catalogs and scholarly work, concerning Benjamin Franklin.

“(E) The sponsorship of conferences, exhibitions, or other public meetings concerning Benjamin Franklin.

“(F) The sponsorship of high school and collegiate essay contests concerning the life and legacy of Benjamin Franklin.

“(2) To recommend to the Congress in one or more of the interim reports submitted under section 9(a)—

“(A) the activities that the Commission considers most fitting and proper to honor Benjamin Franklin on the occasion of the tercentenary of his birth; and

“(B) the entity or entities in the Federal Government that the Commission considers most appropriate to carry out such activities.

“(b) Point of Contact.—The Commission, acting through its secretariat, shall serve as the point of contact of the Government for all State, local, international, and private sector initiatives regarding the tercentenary of Benjamin Franklin's birth, with the purpose of coordinating and facilitating all fitting and proper activities honoring Benjamin Franklin.

“SEC. 5. MEMBERSHIP.

“(a) Number and Appointment.—The Commission shall be composed of 15 members as follows:

“(1) The Librarian of Congress.

“(2) Fourteen qualified citizens, appointed as follows:

“(A) Two members appointed by the President.

“(B) Two members appointed by the President on the recommendation of the Governor of the Commonwealth of Pennsylvania.

“(C) Two members appointed by the President on the recommendation of the Governor of the Commonwealth of Massachusetts.

“(D) Two members, at least one of whom shall be a Senator, appointed by the majority leader of the Senate.

“(E) Two members, at least one of whom shall be a Senator, appointed by the minority leader of the Senate.

“(F) Two members, at least one of whom shall be a Member of the House of Representatives, appointed by the Speaker of the House of Representatives.

“(G) Two members, at least one of whom shall be a Member of the House of Representatives, appointed by the minority leader of the House of Representatives.

“(b) Qualified Citizen.—For purposes of this section, a qualified citizen is a citizen of the United States with—

“(1) a substantial knowledge and appreciation of the work and legacy of Benjamin Franklin; and

“(2) a commitment to educating people in the United States about the historical importance of Benjamin Franklin.

“(c) Time of Appointment.—Each initial appointment of a member of the Commission shall be made before the expiration of the 120-day period beginning on the date of the enactment of this Act [July 24, 2002].

“(d) Continuation of Membership.—If a member of the Commission was appointed to the Commission as a Member of the Congress, and ceases to be a Member of the Congress, that member may continue to serve on the Commission for not longer than the 30-day period beginning on the date on which that member ceases to be a Member of the Congress.

“(e) Terms.—Each member shall be appointed for the life of the Commission.

“(f) Vacancies.—A vacancy in the Commission shall not affect the powers of the Commission and shall be filled in the manner in which the original appointment was made.

“(g) Basic Pay.—Members shall serve on the Commission without pay.

“(h) Travel Expenses.—Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.

“(i) Quorum.—Five members of the Commission shall constitute a quorum, but a lesser number may hold hearings.

“(j) Chair.—The Commission shall select a Chair from among the members of the Commission.

“(k) Meetings.—The Commission shall meet at the call of the Chair.

“SEC. 6. ORGANIZATION.

“(a) Honorary Members.—The President—

“(1) shall serve as an honorary, nonvoting member of the Commission; and

“(2) may invite the President of France and the Prime Minister of the United Kingdom to serve as honorary, nonvoting members of the Commission.

“(b) Advisory Committee.—The Commission shall form an advisory committee, to be composed of representatives of the major extant institutions founded by or dedicated to Benjamin Franklin, including the following:

“(1) The Executive Director of the American Philosophical Society.

“(2) The President of the Franklin Institute.

“(3) The Librarian of the Library Company.

“(4) The Director and Chief Executive Officer of the Philadelphia Museum of Art.

“(5) The President of the University of Pennsylvania.

“(c) Administrative Secretariat.—The Commission shall seek to enter into an arrangement with the Franklin Institute of Philadelphia, Pennsylvania, under which the Institute shall do the following:

“(1) Serve as the secretariat of the Commission, including by serving as the point of contact under section 4(b).

“(2) House the administrative offices of the Commission.

“SEC. 7. POWERS.

“(a) Hearings and Sessions.—The Commission may, for the purpose of carrying out this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate.

“(b) Powers of Members and Agents.—Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take by this Act.

“(c) Obtaining Official Data.—The Commission may secure directly from any department or agency of the United States information necessary to enable the Commission to carry out this Act. Upon request of the Chair of the Commission, the head of that department or agency shall furnish that information to the Commission.

“(d) Mails.—The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.

“(e) Administrative Support Services.—Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act.

“(f) Procurement.—The Commission may enter into contracts for supplies, services, and facilities to carry out the Commission's duties under this Act.

“(g) Donations.—The Commission may accept and use donations of—

“(1) money;

“(2) personal services; and

“(3) real or personal property related to Benjamin Franklin or the occasion of the tercentenary of his birth.

“SEC. 8. DIRECTOR AND STAFF.

“(a) Appointment.—The Commission may appoint a Director and such additional personnel as the Commission considers to be appropriate.

“(b) Applicability of Certain Civil Service Laws.—The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates.

“SEC. 9. REPORTS.

“(a) Interim Reports.—The Commission shall submit to the Congress such interim reports as the Commission considers to be appropriate.

“(b) Final Report.—The Commission shall submit a final report to the Congress not later than January 16, 2007. The final report shall contain—

“(1) a detailed statement of the activities of the Commission; and

“(2) any other information that the Commission considers to be appropriate.

“SEC. 10. TERMINATION.

“The Commission shall terminate 120 days after submitting its final report pursuant to section 9(b).

“SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

“There are authorized to be appropriated $500,000 for the period of fiscal years 2002 through 2007 to carry out this Act, to remain available until expended.”

Brown v. Board of Education 50th Anniversary Commission

Pub. L. 107–41, Sept. 18, 2001, 115 Stat. 226, provided that:

“SECTION 1. FINDINGS.

“The Congress finds that as the Nation approaches May 17, 2004, marking the 50th anniversary of the Supreme Court decision in Oliver L. Brown et al. v. Board of Education of Topeka, Kansas et al., it is appropriate to establish a national commission to plan and coordinate the commemoration of that anniversary.

“SEC. 2. ESTABLISHMENT.

“There is established a commission to be known as the ‘Brown v. Board of Education 50th Anniversary Commission’ (referred to in this Act as the ‘Commission’).

“SEC. 3. DUTIES.

“In order to commemorate the 50th anniversary of the Brown decision, the Commission shall—

“(1) in conjunction with the Department of Education, plan and coordinate public education activities and initiatives, including public lectures, writing contests, and public awareness campaigns, through the Department of Education's ten regional offices; and

“(2) in cooperation with the Brown Foundation for Educational Equity, Excellence, and Research in Topeka, Kansas (referred to in this Act as the ‘Brown Foundation’), and such other public or private entities as the Commission considers appropriate, encourage, plan, develop, and coordinate observances of the anniversary of the Brown decision.

“SEC. 4. MEMBERSHIP.

“(a) Number and Appointment.—The Commission shall be composed as follows:

“(1) Two representatives of the Department of Education appointed by the Secretary of Education, one of whom shall serve as one of two Co-chairpersons of the Commission.

“(2) Two representatives of the Department of Justice appointed by the Attorney General, one of whom shall serve as one of two Co-chairpersons of the Commission.

“(3) Eleven individuals appointed by the President after receiving recommendations as follows:

“(A)(i) The Members of the Senate from each State described in clause (iii) shall each submit the name of one individual from the State to the majority leader and minority leader of the Senate.

“(ii) After review of the submissions made under clause (i), the majority leader of the Senate, in consultation with the minority leader of the Senate, shall recommend to the President five individuals, one from each of the States described in clause (iii).

“(iii) The States described in this clause are the States in which the lawsuits decided by the Brown decision were originally filed (Delaware, Kansas, South Carolina, and Virginia), and the State of the first legal challenge involved (Massachusetts).

“(B)(i) The Members of the House of Representatives from each State described in subparagraph (A)(iii) shall each submit the name of one individual from the State to the Speaker of the House of Representatives and the minority leader of the House of Representatives.

“(ii) After review of the submissions made under clause (i), the Speaker of the House of Representatives, in consultation with the minority leader of the House of Representatives, shall recommend to the President five individuals, one from each of the States described in subparagraph (A)(iii).

“(C) The Delegate to the House of Representatives from the District of Columbia shall recommend to the President one individual from the District of Columbia.

“(4) Two representatives of the judicial branch of the Federal Government appointed by the Chief Justice of the United States Supreme Court.

“(5) Two representatives of the Brown Foundation.

“(6) Two representatives of the NAACP Legal Defense and Education Fund.

“(7) One representative of the Brown v. Board of Education National Historic Site.

“(b) Terms.—Members of the Commission shall be appointed for the life of the Commission.

“(c) Vacancies.—A vacancy in the Commission shall be filled in the same manner as the original appointment.

“(d) Compensation.—

“(1) In general.—Members of the Commission shall serve without pay.

“(2) Travel expenses.—Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.

“(e) Quorum.—A majority of members of the Commission shall constitute a quorum.

“(f) Meetings.—The Commission shall hold its first meeting not later than 6 months after the date of the enactment of this Act [Sept. 18, 2001]. The Commission shall subsequently meet at the call of a Co-chairperson or a majority of its members.

“(g) Executive Director and Staff.—The Commission may secure the services of an executive director and staff personnel as it considers appropriate.

“SEC. 5. POWERS.

“(a) Powers of Members and Agents.—Any member or agent of the Commission may, if so authorized by the Commission, take any action which the Commission is authorized to take under this Act.

“(b) Gifts and Donations.—

“(1) Authority to accept.—The Commission may accept and use gifts or donations of money, property, or personal services.

“(2) Disposition of property.—Any books, manuscripts, miscellaneous printed matter, memorabilia, relics, or other materials donated to the Commission which relate to the Brown decision, shall, upon termination of the Commission—

“(A) be deposited for preservation in the Brown Foundation Collection at the Spencer Research Library at the University of Kansas in Lawrence, Kansas; or

“(B) be disposed of by the Commission in consultation with the Librarian of Congress, and with the express consent of the Brown Foundation and the Brown v. Board of Education National Historic Site.

“(c) Mails.—The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.

“SEC. 6. REPORTS.

“(a) Interim Reports.—The Commission shall transmit interim reports to the President and the Congress not later than December 31 of each year. Each such report shall include a description of the activities of the Commission during the year covered by the report, an accounting of any funds received or expended by the Commission during such year, and recommendations for any legislation or administrative action which the Commission considers appropriate.

“(b) Final Report.—The Commission shall transmit a final report to the President and the Congress not later than December 31, 2004. Such report shall include an accounting of any funds received or expended, and the disposition of any other properties, not previously reported.

“SEC. 7. TERMINATION.

“(a) Date.—The Commission shall terminate on such date as the Commission may determine, but not later than February 1, 2005.

“(b) Disposition of Funds.—Any funds held by the Commission on the date the Commission terminates shall be deposited in the general fund of the Treasury.

“SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

“There are authorized to be appropriated $250,000 for the period encompassing fiscal years 2003 and 2004 to carry out this Act, to remain available until expended.”

James Madison Commemoration Commission

Pub. L. 106–550, Dec. 19, 2000, 114 Stat. 2745, provided that:

“SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

“(a) Short Title.—This Act may be cited as the ‘James Madison Commemoration Commission Act’.

“(b) Table of Contents.—[Omitted.]

“SEC. 2. CONGRESSIONAL FINDINGS.

“Congress finds that—

“(1) March 16, 2001, marks the 250th anniversary of the birth of James Madison;

“(2) as a delegate to the Continental Congress, and to the Annapolis Convention of 1786, James Madison foresaw the need for a more effective national government and was a persuasive advocate for such a government at the Philadelphia Constitutional Convention of 1787;

“(3) James Madison worked tirelessly and successfully at the Constitutional Convention to mold a national charter, the United States Constitution, that combined both energy and restraint, empowering the legislature, the executive, and the judiciary, within a framework of limited government, separated powers, and a system of federalism;

“(4) James Madison was an eloquent proponent of the first 10 amendments to the Constitution, the Bill of Rights;

“(5) James Madison faithfully served his country as a Representative in Congress from 1789 to 1797, as Secretary of State from 1801 to 1809, and as President of the United States from 1809 to 1817;

“(6) as President, James Madison showed courage and resolute will in leading the United States to victory over Great Britain in the War of 1812;

“(7) James Madison's political writings, as exemplified by his Notes on the Federal Convention and his contributions to The Federalist Papers, are among the most distinguished of American state papers;

“(8) by his learning, his devotion to ordered liberty, and by the force of his intellect, James Madison made an indispensable contribution to the American tradition of democratic constitutional republicanism embodied in the Constitution of the United States, and is justifiably acclaimed as father of the Constitution;

“(9) it is appropriate to remember, honor, and renew the legacy of James Madison for the American people and, indeed for all mankind; and

“(10) as the Nation approaches March 16, 2001, marking the anniversary of the birth of James Madison, it is appropriate to establish a commission for the commemoration of that anniversary.

“SEC. 3. ESTABLISHMENT.

“A commission to be known as the James Madison Commemoration Commission (in this Act referred to as the ‘Commission’) and a committee to be known as the James Madison Commemoration Advisory Committee (in this Act referred to as the ‘Advisory Committee’) are established.

“SEC. 4. DUTIES.

“(a) Commission.—The Commission shall—

“(1) in cooperation with the Advisory Committee and the Library of Congress, direct the Government Printing Office to compile and publish a substantial number of copies of a book (as directed by the Commission) containing a selection of the most important writings of James Madison and tributes to him by members of the Commission and other persons that the Commission deems appropriate;

“(2) in cooperation with the Advisory Committee and the Library of Congress, plan and coordinate 1 or more symposia, at least 1 of which will be held on March 16, 2001, and all of which will be devoted to providing a better understanding of James Madison's contribution to American political culture;

“(3) in cooperation with the Advisory Committee recognize such other events celebrating James Madison's birth and life as official events of the Commission;

“(4) develop and coordinate any other activities relating to the anniversary of the birth of James Madison as may be appropriate;

“(5) accept essay papers (via the Internet or otherwise) from students attending public and private institutions of elementary and secondary education in any State regarding James Madison's life and contributions to America and award certificates to students who author exceptional papers on this subject; and

“(6) bestow honorary memberships to the Commission or to the Advisory Committee upon such persons as it deems appropriate.

“(b) Advisory Committee.—The Advisory Committee shall—

“(1) submit a suggested selection of James Madison's most important writings to the Commission for the Commission to consider for inclusion in the book printed as provided in subsection (a)(1);

“(2) submit a list and description of events concerning the birth and life of James Madison to the Commission for the Commission's consideration in recognizing such events as official ‘Commission Events’; and

“(3) make such other recommendations to the Commission as a majority of its members deem appropriate.

“SEC. 5. MEMBERSHIP.

“(a) Membership of the Commission.—

“(1) Number and appointment.—The Commission shall be composed of 19 members, as follows:

“(A) The Chief Justice of the United States or such individual's delegate who is an Associate Justice of the Supreme Court of the United States.

“(B) The Majority Leader and the Minority Leader of the Senate or each such individual's delegate who is a Member of the Senate.

“(C) The Speaker of the House of Representatives and the Minority Leader of the House of Representatives or each such individual's delegate who is a Member of the House of Representatives.

“(D) The Chairman and the Ranking Member of the Committee on the Judiciary of the Senate or each such individual's delegate who is a member of such committee.

“(E) The Chairman and the Ranking Member of the Committee on the Judiciary of the House of Representatives or each such individual's delegate who is a member of such committee.

“(F) Two Members of the Senate selected by the Majority Leader of the Senate and 2 Members of the Senate selected by the Minority Leader of the Senate.

“(G) Two members of the House of Representatives selected by the Speaker of the House of Representatives and 2 Members of the House of Representatives selected by the Minority Leader of the House of Representatives.

“(H) Two members of the executive branch selected by the President of the United States.

“(2) Chairman and vice chairman.—The Chief Justice of the United States shall serve as Chairman of the Commission and the members of the Commission shall select a vice chairman from its members, unless the Chief Justice appoints a delegate to serve in his stead, in which circumstance, the members of the Commission shall select a chairman and vice chairman from its members.

“(b) Membership of the Advisory Committee.—

“(1) Number and appointment.—The Advisory Committee shall be composed of 14 members, as follows:

“(A) The Archivist of the United States or such individual's delegate.

“(B) The Secretary of the Smithsonian Institution or such individual's delegate.

“(C) The Executive Director of Montpelier, the home of James Madison, and the 2001 Planning Committee of Montpelier or such individual's delegate.

“(D) The President of James Madison University in Harrisonburg, Virginia or such individual's delegate.

“(E) The Director of the James Madison Center, James Madison University in Harrisonburg, Virginia or such individual's delegate.

“(F) The President of the James Madison Memorial Fellowship Foundation or such individual's delegate.

“(G) Two members, who are not Members of Congress but have expertise on the legal and historical significance of James Madison, selected by the Majority Leader of the Senate, and 2 members, who are not Members of Congress but have expertise on the legal and historical significance of James Madison, selected by the Minority Leader of the Senate.

“(H) Two members, who are not Members of Congress but who have expertise on the legal and historical significance of James Madison, selected by the Speaker of the House of Representatives, and 2 members, who are not Members of Congress but who have expertise on the legal and historical significance of James Madison, selected by the Minority Leader of the House of Representatives.

“(2) Chairman and vice chairman.—The members of the Advisory Committee shall select a chairman and vice chairman from its members.

“(c) Terms.—Each member of the Commission shall be selected and each member of the Advisory Committee shall be selected not later than 90 days after the date of enactment of this Act [Dec. 19, 2000] and shall serve for the life of the Commission and the Advisory Committee, respectively.

“(d) Vacancies.—A vacancy in the Commission shall be filled in the same manner in which the original appointment was made in subsection (a). A vacancy in the Advisory Committee shall be filled by the person holding the office named in subsection (b) or his designate.

“(e) Compensation.—

“(1) Rates of pay.—Members of the Commission and the Advisory Committee shall serve without pay.

“(2) Travel expenses.—Each member of the Commission and the Advisory Committee may receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code.

“(f) Meetings.—The Commission shall meet at the call of its chairman or a majority of its members. The Advisory Committee shall meet at the call of the chairman or a majority of its members.

“(g) Approval of Actions.—All official actions of the Commission under this Act shall be approved by the affirmative vote of not less than a majority of the members. All official actions of the Advisory Committee under this Act shall be approved by the affirmative vote of not less than a majority of the members.

“SEC. 6. POWERS.

“(a) Delegation of Authority.—Any member or staff person of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take by this Act.

“(b) Contract Authority.—

“(1) In general.—The Commission may procure services and property, and make or enter into contracts, leases, or other legal agreements, in order to carry out this Act.

“(2) Restriction.—The contracts, leases, or other legal agreements made or entered into by the Commission shall not extend beyond the date of termination of the Commission.

“(3) Termination.—All supplies and property acquired by the Commission under this Act that remain in the possession of the Commission on the date of termination of the Commission shall become the property of the General Services Administration upon the date of the termination.

“(c) Information.—

“(1) In general.—The Commission may secure directly from any Federal agency information necessary to enable it to carry out this Act. Upon request of the chairperson of the Commission, the head of the Federal agency shall furnish the information to the Commission.

“(2) Exception.—Paragraph (1) shall not apply to any information that the Commission is prohibited to secure or request by another law.

“(d) Rules and Regulations.—The Commission may adopt such rules and regulations as may be necessary to conduct meetings and carry out its duties under this Act. The Commission may also adopt such rules for the Advisory Committee.

“(e) Mails.—The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies, and the Committee on the Judiciary of the Senate may mail items on behalf of the Commission.

“(f) Necessary and Proper Powers.—The Commission may exercise such other powers as are necessary and proper in carrying out and effecting the purposes of this Act.

“SEC. 7. STAFFING AND SUPPORT.

“The Chairman of the Committee on the Judiciary of the Senate, the Chairman of the Committee on the Judiciary of the House of Representatives, and the Librarian of Congress shall provide the Commission and the Advisory Committee with such assistance, including staff support, facilities, and supplies at no charge, as may be necessary to carry out its duties.

“SEC. 8. CONTRIBUTIONS.

“(a) Donations.—The Commission may accept donations of money, personal services, and property, both real and personal, including books, manuscripts, miscellaneous printed matter, memorabilia, relics, and other materials related to James Madison.

“(b) Use of Funds.—

“(1) In general.—Any funds donated to the Commission may be used by the Commission to carry out this Act. The source and amount of such funds shall be listed in the interim and final reports required under section 9.

“(2) Procurement requirements.—

“(A) In general.—In addition to any procurement requirement otherwise applicable to the Commission, the Commission shall conduct procurements of property or services involving donated funds pursuant to the small purchase procedures required by section 303(g) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)). Section 15(j) of the Small Business Act (15 U.S.C. 644(j)) shall not apply to such procurements.

“(B) Definition.—In this paragraph, the term ‘donated funds’ means any funds of which 50 percent or more derive from funds donated to the Commission.

“(c) Volunteer Services.—Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary.

“(d) Remaining Funds.—Funds remaining upon the date of termination of the Commission shall be used to ensure the proper disposition of property donated to the Commission as specified in the final report required by section 9.

“SEC. 9. REPORTS.

“(a) Interim Report.—Not later than February 15, 2001, the Commission shall prepare and submit to the President and Congress an interim report detailing the activities of the Commission, including an accounting of funds received and expended by the Commission, during the period beginning on the date of enactment of this Act [Dec. 19, 2000] and ending on December 31, 2000.

“(b) Final Report.—Not later than February 15, 2002, the Commission shall submit to the President and to Congress a final report containing—

“(1) a summary of the activities of the Commission;

“(2) a final accounting of funds received and expended by the Commission;

“(3) the findings, conclusions, and recommendations of the Commission;

“(4) specific recommendations concerning the final disposition of historically significant items donated to the Commission under section 8(a), if any; and

“(5) any additional views of any member of the Commission concerning the Commission's recommendations that such member requests to be included in the final report.

“SEC. 10. AUDIT OF FINANCIAL TRANSACTIONS.

“(a) In General.—The Inspector General of the General Services Administration shall audit financial transactions of the Commission, including financial transactions involving donated funds, in accordance with generally accepted auditing standards. In conducting an audit pursuant to this section, the Inspector General shall have access to all books, accounts, financial records, reports, files, and other papers, items, or property in use by the Commission, as necessary to facilitate the audit, and shall be afforded full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians.

“(b) Audit Reports.—Not later than March 15, 2001, the Inspector General of the General Services Administration shall submit to the President and to Congress a report detailing the results of any audit of the financial transactions of the Commission conducted before January 1, 2001. Not later than March 15, 2002, such Inspector General shall submit to the President and to Congress a report detailing the results of any audit of the financial transactions of the Commission conducted during the period beginning on January 1, 2001, and ending on December 31, 2001.

“SEC. 11. TERMINATION.

“The Commission and the Advisory Committee shall terminate not later than 60 days following submission of the final report required by section 9.

“SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

“There are authorized to be appropriated to carry out this Act $250,000 for fiscal year 2001.”

“SECTION 1. SHORT TITLE.

“This Act may be cited as the ‘Abraham Lincoln Bicentennial Commission Act’.

“SEC. 2. FINDINGS.

“Congress makes the following findings:

“(1) Abraham Lincoln, the 16th President, was one of the Nation's most prominent leaders, demonstrating true courage during the Civil War, one of the greatest crises in the Nation's history.

“(2) Born of humble roots in Hardin County, Kentucky, on February 12, 1809, Abraham Lincoln rose to the Presidency through a legacy of honesty, integrity, intelligence, and commitment to the United States.

“(3) With the belief that all men were created equal, Abraham Lincoln led the effort to free all slaves in the United States.

“(4) Abraham Lincoln had a generous heart, with malice toward none and with charity for all.

“(5) Abraham Lincoln gave the ultimate sacrifice for the country Lincoln loved, dying from an assassin's bullet on April 15, 1865.

“(6) All Americans could benefit from studying the life of Abraham Lincoln, for Lincoln's life is a model for accomplishing the ‘American Dream’ through honesty, integrity, loyalty, and a lifetime of education.

“(7) The year 2009 will be the bicentennial anniversary of the birth of Abraham Lincoln, and a commission should be established to study and recommend to Congress activities that are fitting and proper to celebrate that anniversary in a manner that appropriately honors Abraham Lincoln.

“SEC. 3. ESTABLISHMENT.

“There is established a commission to be known as the Abraham Lincoln Bicentennial Commission (referred to in this Act as the ‘Commission’).

“SEC. 4. DUTIES.

“The Commission shall have the following duties:

“(1) To study activities that may be carried out by the Federal Government to determine whether the activities are fitting and proper to honor Abraham Lincoln on the occasion of the bicentennial anniversary of Lincoln's birth, including—

“(A) the minting of an Abraham Lincoln bicentennial penny;

“(B) the issuance of an Abraham Lincoln bicentennial postage stamp;

“(C) the convening of a joint meeting or joint session of Congress for ceremonies and activities relating to Abraham Lincoln;

“(D) a rededication of the Lincoln Memorial, or other activity with respect to the Memorial; and

“(E) the acquisition and preservation of artifacts associated with Abraham Lincoln.

“(2) To recommend to Congress the activities that the Commission considers most fitting and proper to honor Abraham Lincoln on such occasion, and the entity or entities in the Federal Government that the Commission considers most appropriate to carry out such activities.

“(3) To recommend to Congress a plan to carry out the activities recommended under paragraph (2).

“(4) To carry out other related activities in support of the duties carried out under paragraphs (1) through (3).

“SEC. 5. MEMBERSHIP.

“(a) Number and Appointment.—The Commission shall be composed of 15 members appointed as follows:

“(1) Two members, each of whom shall be a qualified citizen described in subsection (b), appointed by the President.

“(2) One member, who shall be a qualified citizen described in subsection (b), appointed by the President on the recommendation of the Governor of Illinois.

“(3) One member, who shall be a qualified citizen described in subsection (b), appointed by the President on the recommendation of the Governor of Indiana.

“(4) One member, who shall be a qualified citizen described in subsection (b), appointed by the President on the recommendation of the Governor of Kentucky.

“(5) Three members, at least one of whom shall be a Member of the House of Representatives, appointed by the Speaker of the House of Representatives.

“(6) Three members, at least one of whom shall be a Senator, appointed by the majority leader of the Senate.

“(7) Two members, at least one of whom shall be a Member of the House of Representatives, appointed by the minority leader of the House of Representatives.

“(8) Two members, at least one of whom shall be a Senator, appointed by the minority leader of the Senate.

“(b) Qualified Citizen.—A qualified citizen described in this subsection is a private citizen of the United States with—

“(1) a demonstrated dedication to educating others about the importance of historical figures and events; and

“(2) substantial knowledge and appreciation of Abraham Lincoln.

“(c) Time of Appointment.—Each initial appointment of a member of the Commission shall be made before the expiration of the 120-day period beginning on the date of the enactment of this Act [Feb. 25, 2000].

“(d) Continuation of Membership.—If a member of the Commission was appointed to the Commission as a Member of Congress, and ceases to be a Member of Congress, that member may continue to serve on the Commission for not longer than the 30-day period beginning on the date that member ceases to be a Member of Congress.

“(e) Terms.—Each member shall be appointed for the life of the Commission.

“(f) Vacancies.—A vacancy in the Commission shall not affect the powers of the Commission but shall be filled in the manner in which the original appointment was made.

“(g) Basic Pay.—Members shall serve on the Commission without pay.

“(h) Travel Expenses.—Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code.

“(i) Quorum.—Five members of the Commission shall constitute a quorum but a lesser number may hold hearings.

“(j) Chair.—The Commission shall select a Chair from among the members of the Commission.

“(k) Meetings.—The Commission shall meet at the call of the Chair. Periodically, the Commission shall hold a meeting in Springfield, Illinois.

“SEC. 6. DIRECTOR AND STAFF.

“(a) Director.—The Commission may appoint and fix the pay of a Director and such additional personnel as the Commission considers to be appropriate.

“(b) Applicability of Certain Civil Service Laws.—

“(1) Director.—The Director of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates.

“(2) Staff.—Consistent with all other applicable Federal laws governing appointments and compensation, the staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates.

“SEC. 7. POWERS.

“(a) Hearings and Sessions.—The Commission may, for the purpose of carrying out this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers to be appropriate.

“(b) Powers of Members and Agents.—Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take by this Act.

“(c) Obtaining Official Data.—The Commission may secure directly from any department or agency of the United States information necessary to enable the Commission to carry out this Act. Upon request of the Chair of the Commission, the head of that department or agency shall furnish that information to the Commission.

“(d) Mails.—The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.

“(e) Administrative Support Services.—Upon the request of the Commission, the Librarian of Congress shall provide to the Commission, on a reimbursable basis, administrative support services necessary for the Commission to carry out its responsibilities under this Act, including disbursing funds available to the Commission, and computing and disbursing the basic pay for Commission personnel.

“(f) Gifts.—The Commission may, for the purpose of carrying out this Act, accept and use gifts of money, property, and services, and, notwithstanding section 1342 of title 31, United States Code, may accept and use voluntary services as the Commission deems necessary.

“(g) Detail of Federal Employees.—On the request of the Commission, the head of a Federal agency or other Federal appointing authority may detail, on a reimbursable or nonreimbursable basis, any of its employees to the Commission to assist the Commission in carrying out the duties of the Commission under this Act. Any such detail of an employee shall be without interruption or loss of civil service status or privilege. Any reimbursement under this subsection shall be credited to the appropriation, fund, or account used for paying the amounts reimbursed.

“(h) Employment Benefits.—

“(1) In general.—The Commission shall fix employment benefits for the Director and for additional personnel appointed under section 6(a), in accordance with paragraphs (2) and (3).

“(2) Employment benefits for the director.—

“(A) In general.—The Commission shall determine whether or not to treat the Director as a Federal employee for purposes of employment benefits. If the Commission determines that the Director is to be treated as a Federal employee, then he or she is deemed to be an employee as that term is defined by section 2105 of title 5, United States Code, for purposes of chapters 63, 83, 84, 87, 89, and 90 of that title, and is deemed to be an employee for purposes of chapter 81 of that title. If the Commission determines that the Director is not to be treated as a Federal employee for purposes of employment benefits, then the Commission or its administrative support service provider shall establish appropriate alternative employment benefits for the Director. The Commission's determination shall be irrevocable with respect to each individual appointed as Director, and the Commission shall notify the Office of Personnel Management and the Department of Labor of its determination. Notwithstanding the Commission's determination, the Director's service is deemed to be Federal service for purposes of section 8501 of title 5, United States Code.

“(B) Detailee serving as director.—Subparagraph (A) shall not apply to a detailee who is serving as Director.

“(3) Employment benefits for additional personnel.—A person appointed to the Commission staff under section 6(b)(2) is deemed to be an employee as that term is defined by section 2105 of title 5, United States Code, for purposes of chapters 63, 83, 84, 87, 89, and 90 of that title, and is deemed to be an employee for purposes of chapter 81 of that title.

“SEC. 8. REPORTS.

“(a) Interim Reports.—In addition to the interim report required under subsection (b), the Commission may submit to Congress such interim reports as the Commission considers to be appropriate.

“(b) Required Interim Report.—Not later than June 24, 2004, the Commission shall submit an interim report to Congress. The report shall contain—

“(1) a detailed statement of the findings and conclusions of the Commission;

“(2) the recommendations of the Commission; and

“(3) any other information that the Commission considers to be appropriate.

“(c) Final Report.—Not later than April 30, 2010, the Commission shall submit a final report to Congress. The final report shall contain final statements, recommendations, and information described under subsection (b)(1), (2), and (3).

“SEC. 9. BUDGET ACT COMPLIANCE.

“Any spending authority provided under this Act shall be effective only to such extent and in such amounts as are provided in appropriation Acts.

“SEC. 10. TERMINATION.

“The Commission shall terminate 120 days after submitting the final report of the Commission pursuant to section 8.

“SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

“There are authorized to be appropriated such sums as may be necessary to carry out this Act.”

Proc. No. 4934. Armed Forces Day

Each year we Americans set aside one day to honor the brave and dedicated men and women of the Army, Navy, Air Force, Marine Corps and Coast Guard.

They serve our nation with dignity, courage, and pride in duty stations throughout the world. The peace we enjoy today reminds us of their important role.

NOW, THEREFORE, I, RONALD REAGAN, President of the United States of America and Commander in Chief of the Armed Forces of the United States, continuing the precedent of my seven immediate predecessors in this Office, do hereby proclaim the third Saturday of each May as Armed Forces Day.

I direct the Secretary of Defense on behalf of the Army, the Navy, the Air Force, and the Marine Corps, and the Secretary of Transportation on behalf of the Coast Guard, to plan for appropriate observances each year, with the Secretary of Defense responsible for soliciting the participation and cooperation of civil authorities and private citizens.

I invite the Governors of the States, the Commonwealth of Puerto Rico, and other areas subject to the jurisdiction of the United States, to provide for the observance of Armed Forces Day within their jurisdiction each year in an appropriate manner designed to increase public understanding and appreciation of the Armed Forces of the United States.

I also invite national and local veterans, civic and other organizations to join in the observance of Armed Forces Day each year.

I call upon all Americans not only to display the flag of the United States at their homes on Armed Forces Day, but also to learn about our system of defense, and about the men and women who sustain it, by attending and participating in the local observances of the day.

Proclamation 4571 of May 15, 1978, is hereby superseded.

IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of April, in the year of our Lord nineteen hundred and eighty-two and of the Independence of the United States of America the two hundred and sixth.

Ronald Reagan.

Executive Order No. 13072

Ex. Ord. No. 13072, Feb. 2, 1998, 63 F.R. 6041, provided for formation of the White House Millennium Council to lead the country in a celebration of the new millennium by initiating and recognizing national and local projects that contributed in educational, creative, and productive ways to America's commemoration of that historic time.

§101. American Heart Month

The President is requested to issue each year a proclamation—

(1) designating February as American Heart Month;

(2) inviting the chief executive officers of the States, territories, and possessions of the United States to issue proclamations designating February as American Heart Month; and

(3) urging the people of the United States to recognize the nationwide problem of heart and blood vessel diseases and to support all essential programs required to solve the problem.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1254.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

101

36:169b.

Dec. 30, 1963, Pub. L. 88–254, 77 Stat. 843.

In clause (2), the words “chief executive officers” are substituted for “Governors”, and the words “territories, and possessions” are substituted for “territories”, for clarity and consistency in the revised title and with other titles of the United States Code.

Short Title of 2002 Amendment

Pub. L. 107–323, §1, Dec. 4, 2002, 116 Stat. 2787, provided that: “This Act [amending section 902 of this title and enacting provisions set out as a note under section 902 of this title] may be cited as the ‘POW/MIA Memorial Flag Act of 2002’.”

Short Title of 1998 Amendment

Pub. L. 105–277, div. C, title I, §142(a), Oct. 21, 1998, 112 Stat. 2681–603, provided that: “This section [enacting section 220512 of this title, amending sections 220501, 220503 to 220506, 220509 to 220511, 220521 to 220524, and 220528 of this title, and enacting provisions set out as a note under section 220501 of this title] may be cited as the ‘Olympic and Amateur Sports Act Amendments of 1998’.”

§102. Asian/Pacific American Heritage Month

(a) Designation.—May is Asian/Pacific American Heritage Month.

(b) Proclamations.—The President is requested to issue each year a proclamation calling on the people of the United States, and the chief executive officers of each State of the United States, the District of Columbia, the Virgin Islands, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the Marshall Islands, Micronesia, and Palau are requested to issue each year proclamations calling on the people of their respective jurisdictions, to observe Asian/Pacific American Heritage Month with appropriate programs, ceremonies, and activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1254.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

102(a)

36:169k(a).

Oct. 23, 1992, Pub. L. 102–450, §2, 106 Stat. 2251.

102(b)

36:169k(b)–(d).

§103. Cancer Control Month

(a) General.—The President is requested—

(1) to issue each year a proclamation designating April as Cancer Control Month; and

(2) to invite each year the chief executive officers of the States, territories, and possessions of the United States to issue proclamations designating April as Cancer Control Month.

(b) Contents of Proclamations.—As part of those proclamations, the chief executive officers and President are requested to invite the medical profession, the press, and all agencies and individuals interested in a national program for the control of cancer by education and other cooperative means to unite during Cancer Control Month in a public dedication to the program and in a concerted effort to make the people of the United States aware of the need for the program.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1255.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

103

36:150.

Mar. 28, 1938, ch. 56, 52 Stat. 148.

In subsection (a)(2), the words “chief executive officers” are substituted for “Governors” for clarity and consistency in the revised title and with other titles of the United States Code.

§104. Carl Garner Federal Lands Cleanup Day

(b) Proclamation.—The President shall issue a proclamation calling on the people of the United States to observe Carl Garner Federal Lands Cleanup Day with appropriate programs, ceremonies, and activities. However, activities may be undertaken in individual States on a day other than the first Saturday after Labor Day if a manager of Federal land decides that an alternative date is more appropriate because of climatological or other factors.

§105. Child Health Day

The President is requested to issue each year a proclamation—

(1) designating the first Monday in October as Child Health Day; and

(2) inviting all agencies and organizations interested in child welfare to unite on Child Health Day in observing exercises that will make the people of the United States aware of the fundamental necessity of a year-round program to protect and develop the health of the children of the United States.

§106. Citizenship Day

(b) Purpose.—Citizenship Day commemorates the formation and signing on September 17, 1787, of the Constitution and recognizes all who, by coming of age or by naturalization, have become citizens.

(c) Proclamation.—The President may issue each year a proclamation calling on United States Government officials to display the flag of the United States on all Government buildings on Citizenship Day and inviting the people of the United States to observe Citizenship Day, in schools and churches, or other suitable places, with appropriate ceremonies.

(d) State and Local Observances.—The civil and educational authorities of States, counties, cities, and towns are urged to make plans for the proper observance of Citizenship Day and for the complete instruction of citizens in their responsibilities and opportunities as citizens of the United States and of the State and locality in which they reside.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1255.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

106(a)

36:153 (1st par. 1st–13th words).

Feb. 29, 1952, ch. 49, §1, 66 Stat. 9.

106(b)

36:153 (1st par. 14th word–words before “and the President”).

106(c)

36:153 (1st par. words after “of citizenship”).

106(d)

36:153 (2d, last pars.).

In subsection (d), the text of 36:153 (last par.) is omitted as obsolete.

§107. Columbus Day

The President is requested to issue each year a proclamation—

(1) designating the second Monday in October as Columbus Day;

(2) calling on United States Government officials to display the flag of the United States on all Government buildings on Columbus Day; and

(3) inviting the people of the United States to observe Columbus Day, in schools and churches, or other suitable places, with appropriate ceremonies that express the public sentiment befitting the anniversary of the discovery of America.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1256.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

107

36:146.

Apr. 30, 1934, ch. 184, 48 Stat. 657.

In clause (1), the words “the 2d Monday in October” are substituted for “October 12” in the Act of April 30, 1934 (ch. 184, 48 Stat. 657), because of section 1(b) of the Act of June 28, 1968 (Public Law 90–363, 82 Stat. 250).

§108. Constitution Week

The President is requested to issue each year a proclamation—

(1) designating September 17 through September 23 as Constitution Week; and

(2) inviting the people of the United States to observe Constitution Week, in schools, churches, and other suitable places, with appropriate ceremonies and activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1256.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

108

36:159.

Aug. 2, 1956, ch. 875, 70 Stat. 932.

§109. Father's Day

(a) Designation.—The third Sunday in June is Father's Day.

(b) Proclamation.—The President is requested to issue a proclamation—

(1) calling on United States Government officials to display the flag of the United States on all Government buildings on Father's Day;

(2) inviting State and local governments and the people of the United States to observe Father's Day with appropriate ceremonies; and

(3) urging the people of the United States to offer public and private expressions of Father's Day to the abiding love and gratitude they have for their fathers.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1256.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

109(a)

36:142a (1st sentence).

Apr. 24, 1972, Pub. L. 92–278, 86 Stat. 124.

109(b)

36:142a (last sentence).

In subsection (b)(1), the word “appropriate” is omitted as unnecessary.

In subsection (b)(2), the words “State and local governments” are substituted for “the governments of the States and communities” for consistency in the revised title and with other titles of the United States Code.

§110. Flag Day

(a) Designation.—June 14 is Flag Day.

(b) Proclamation.—The President is requested to issue each year a proclamation—

(1) calling on United States Government officials to display the flag of the United States on all Government buildings on Flag Day; and

(2) urging the people of the United States to observe Flag Day as the anniversary of the adoption on June 14, 1777, by the Continental Congress of the Stars and Stripes as the official flag of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1256.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

110(a)

36:157 (words before 1st comma).

Aug. 3, 1949, ch. 385, 63 Stat. 492.

110(b)

36:157 (words after 1st comma).

§111. Gold Star Mother's Day

(a) Designation.—The last Sunday in September is Gold Star Mother's Day.

(b) Proclamation.—The President is requested to issue a proclamation calling on United States Government officials to display the flag of the United States on all Government buildings, and the people of the United States to display the flag and hold appropriate meetings at homes, churches, or other suitable places, on Gold Star Mother's Day as a public expression of the love, sorrow, and reverence of the people for Gold Star Mothers.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1256.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

111(a)

36:148 (words before comma).

June 23, 1936, ch. 736, 49 Stat. 1895.

111(b)

36:147.

36:148 (words after comma).

In subsection (b), the text of 36:148 (words after comma) is omitted as unnecessary. The words “Gold Star Mother's Day” are substituted for “the last Sunday in September” in 36:147 for clarity. The word “American” is omitted as unnecessary.

§112. Honor America Days

(a) Designation.—The 21 days from Flag Day through Independence Day is a period to honor America.

(b) Congressional Declaration.—Congress declares that there be public gatherings and activities during that period at which the people of the United States can celebrate and honor their country in an appropriate way.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1257.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

112(a)

36:157b (words before comma).

June 13, 1975, Pub. L. 94–33, 89 Stat. 211.

112(b)

36:157b (words after comma).

§113. Law Day, U.S.A.

(a) Designation.—May 1 is Law Day, U.S.A.

(b) Purpose.—Law Day, U.S.A., is a special day of celebration by the people of the United States—

(1) in appreciation of their liberties and the reaffirmation of their loyalty to the United States and of their rededication to the ideals of equality and justice under law in their relations with each other and with other countries; and

(2) for the cultivation of the respect for law that is so vital to the democratic way of life.

(c) Proclamation.—The President is requested to issue a proclamation—

(1) calling on all public officials to display the flag of the United States on all Government buildings on Law Day, U.S.A.; and

(2) inviting the people of the United States to observe Law Day, U.S.A., with appropriate ceremonies and in other appropriate ways, through public entities and private organizations and in schools and other suitable places.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1257.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

113(a)

36:164 (1st par. 1st sentence).

Apr. 7, 1961, Pub. L. 87–20, 75 Stat. 43.

113(b)

36:164 (1st par. last sentence).

113(c)

36:164 (last par.).

In subsection (b)(1), the word “countries” is substituted for “nations” for consistency in the revised title and with other titles of the United States Code.

In subsection (c)(2), the word “entities” is substituted for “bodies” for consistency in the revised title and with other titles of the Code.

§114. Leif Erikson Day

The President may issue each year a proclamation designating October 9 as Leif Erikson Day.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1257.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

114

36:169c.

Sept. 2, 1964, Pub. L. 88–566, 78 Stat. 849.

§115. Loyalty Day

(a) Designation.—May 1 is Loyalty Day.

(b) Purpose.—Loyalty Day is a special day for the reaffirmation of loyalty to the United States and for the recognition of the heritage of American freedom.

(c) Proclamation.—The President is requested to issue a proclamation—

(1) calling on United States Government officials to display the flag of the United States on all Government buildings on Loyalty Day; and

(2) inviting the people of the United States to observe Loyalty Day with appropriate ceremonies in schools and other suitable places.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1257.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

115(a)

36:162 (1st–13th words).

July 18, 1958, Pub. L. 85–529, 72 Stat. 369.

115(b)

36:162 (14th word–semicolon).

115(c)

36:162 (words after semicolon).

§116. Memorial Day

(a) Designation.—The last Monday in May is Memorial Day.

(b) Proclamation.—The President is requested to issue each year a proclamation—

(1) calling on the people of the United States to observe Memorial Day by praying, according to their individual religious faith, for permanent peace;

(2) designating a period of time on Memorial Day during which the people may unite in prayer for a permanent peace;

(3) calling on the people of the United States to unite in prayer at that time; and

(4) calling on the media to join in observing Memorial Day and the period of prayer.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1257.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

116

36:169g.

May 11, 1950, ch. 182, 64 Stat. 158.

In subsection (a), the designation is added, and the words “last Monday in May” are substituted for “May 30” in the Act of May 11, 1950 (ch. 182, 64 Stat. 158), because of section 1(b) of the Act of June 28, 1968 (Public Law 90–363, 82 Stat. 250).

In subsection (b)(4), the word “media” is substituted for “newspapers, radio stations, and all other mediums of information” to eliminate unnecessary words.

National Moment of Remembrance

Pub. L. 106–579, Dec. 28, 2000, 114 Stat. 3078, provided that:

“SECTION 1. SHORT TITLE.

“This Act may be cited as the ‘National Moment of Remembrance Act’.

“SEC. 2. FINDINGS.

“Congress finds that—

“(1) it is essential to remember and renew the legacy of Memorial Day, which was established in 1868 to pay tribute to individuals who have made the ultimate sacrifice in service to the United States and their families;

“(2) greater strides must be made to demonstrate appreciation for those loyal people of the United States whose values, represented by their sacrifices, are critical to the future of the United States;

“(3) the Federal Government has a responsibility to raise awareness of and respect for the national heritage, and to encourage citizens to dedicate themselves to the values and principles for which those heroes of the United States died;

“(4) the relevance of Memorial Day must be made more apparent to present and future generations of people of the United States through local and national observances and ongoing activities;

“(5) in House Concurrent Resolution 302, agreed to May 25, 2000, Congress called on the people of the United States, in a symbolic act of unity, to observe a National Moment of Remembrance to honor the men and women of the United States who died in the pursuit of freedom and peace;

“(6) in Presidential Proclamation No. 7315 of May 26, 2000 (65 Fed. Reg. 34907), the President proclaimed Memorial Day, May 29, 2000, as a day of prayer for permanent peace, and designated 3:00 p.m. local time on that day as the time to join in prayer and to observe the National Moment of Remembrance; and

“(7) a National Moment of Remembrance and other commemorative events are needed to reclaim Memorial Day as the sacred and noble event that that day is intended to be.

“SEC. 3. DEFINITIONS.

“In this Act:

“(1) Alliance.—The term ‘Alliance’ means the Remembrance Alliance established by section 9(a).

“(2) Commission.—The term ‘Commission’ means the White House Commission on the National Moment of Remembrance established by section 5(a).

“(3) Executive director and white house liaison.—The term ‘Executive Director and White House Liaison’ means the Executive Director and White House Liaison appointed under section 10(a)(1).

“(4) Memorial day.—The term ‘Memorial Day’ means the legal public holiday designated as Memorial Day by section 6103(a) of title 5, United States Code.

“(5) Tribal government.—The term ‘tribal government’ means the governing body of an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

“SEC. 4. NATIONAL MOMENT OF REMEMBRANCE.

“The minute beginning at 3:00 p.m. (local time) on Memorial Day each year is designated as the ‘National Moment of Remembrance’.

“SEC. 5. ESTABLISHMENT OF WHITE HOUSE COMMISSION ON THE NATIONAL MOMENT OF REMEMBRANCE.

“(a) Establishment.—There is established a commission to be known as the ‘White House Commission on the National Moment of Remembrance’.

“(b) Membership.—

“(1) Composition.—The Commission shall be composed of the following:

“(A) 4 members appointed by the President, including at least 1 representative of tribal governments.

“(B) The Secretary of Defense (or a designee).

“(C) The Secretary of Veterans Affairs (or a designee).

“(D) The Secretary of the Smithsonian Institution (or a designee).

“(E) The Director of the Office of Personnel Management (or a designee).

“(F) The Administrator of General Services (or a designee).

“(G) The Secretary of Transportation (or a designee).

“(H) The Secretary of Education (or a designee).

“(I) The Secretary of the Interior (or a designee).

“(J) The Executive Director of the President's Commission on White House Fellows (or a designee).

“(K) The Secretary of the Army (or a designee).

“(L) The Secretary of the Navy (or a designee).

“(M) The Secretary of the Air Force (or a designee).

“(N) The Commandant of the Marine Corps (or a designee).

“(O) The Commandant of the Coast Guard (or a designee).

“(P) The Executive Director and White House Liaison (or a designee).

“(Q) The Chief of Staff of the Army.

“(R) The Chief of Naval Operations.

“(S) The Chief of Staff of the Air Force.

“(T) Any other member, the appointment of whom the Commission determines is necessary to carry out this Act.

“(2) Nonvoting members.—The members appointed to the Commission under subparagraphs (K) through (T) of paragraph (1) shall be nonvoting members.

“(3) Date of appointments.—All appointments under paragraph (1) shall be made not later than 90 days after the date of enactment of this Act [Dec. 28, 2000].

“(c) Term; Vacancies.—

“(1) Term.—A member shall be appointed to the Commission for the life of the Commission.

“(2) Vacancies.—A vacancy on the Commission—

“(A) shall not affect the powers of the Commission; and

“(B) shall be filled in the same manner as the original appointment was made.

“(d) Initial Meeting.—Not later than 30 days after the date specified in subsection (b)(3) for completion of appointments, the Commission shall hold the initial meeting of the Commission.

“(e) Meetings.—The Commission shall meet at the call of the Chairperson.

“(f) Quorum.—A majority of the voting members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.

“(g) Chairperson and Vice Chairperson.—The Commission shall select a Chairperson and a Vice Chairperson from among the members of the Commission at the initial meeting of the Commission.

“SEC. 6. DUTIES.

“(a) In General.—The Commission shall—

“(1) encourage the people of the United States to give something back to their country, which provides them so much freedom and opportunity;

“(2) encourage national, State, local, and tribal participation by individuals and entities in commemoration of Memorial Day and the National Moment of Remembrance, including participation by—

“(3) provide national coordination for commemorations in the United States of Memorial Day and the National Moment of Remembrance.

“(b) Reports.—

“(1) In general.—For each fiscal year in which the Commission is in existence, the Commission shall submit to the President and Congress a report describing the activities of the Commission during the fiscal year.

“(2) Contents.—A report under paragraph (1) may include—

“(A) recommendations regarding appropriate activities to commemorate Memorial Day and the National Moment of Remembrance, including—

“(i) the production, publication, and distribution of books, pamphlets, films, and other educational materials;

“(ii) bibliographical and documentary projects and publications;

“(iii) conferences, convocations, lectures, seminars, and other similar programs;

“(iv) the development of exhibits for libraries, museums, and other appropriate institutions;

“(v) ceremonies and celebrations commemorating specific events that relate to the history of wars of the United States; and

“(vi) competitions, commissions, and awards regarding historical, scholarly, artistic, literary, musical, and other works, programs, and projects related to commemoration of Memorial Day and the National Moment of Remembrance;

“(B) recommendations to appropriate agencies or advisory bodies regarding the issuance by the United States of commemorative coins, medals, and stamps relating to Memorial Day and the National Moment of Remembrance;

“(C) recommendations for any legislation or administrative action that the Commission determines to be appropriate regarding the commemoration of Memorial Day and the National Moment of Remembrance;

“(D) an accounting of funds received and expended by the Commission in the fiscal year covered by the report, including a detailed description of the source and amount of any funds donated to the Commission in that fiscal year; and

“(E) a description of cooperative agreements and contracts entered into by the Commission.

“SEC. 7. POWERS.

“(a) Hearings.—

“(1) In general.—The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act.

“(2) Public participation.—The Commission shall provide for reasonable public participation in matters before the Commission.

“(b) Information From Federal Agencies.—

“(1) In general.—The Commission may secure directly from a Federal agency such information as the Commission considers necessary to carry out this Act.

“(2) Provision of information.—On request of the Chairperson of the Commission, the head of the agency shall provide the information to the Commission.

“(c) Postal Services.—The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government.

“(d) Gifts.—The Commission may solicit, accept, use, and dispose of, without further Act of appropriation, gifts, bequests, devises, and donations of services or property.

“(e) Powers of Members and Agents.—Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take under this Act.

“(f) Authority To Procure and To Make Legal Agreements.—

“(1) In general.—Subject to the availability of appropriations, to carry out this Act, the Chairperson or Vice Chairperson of the Commission or the Executive Director and White House Liaison may, on behalf of the Commission—

“(A) procure supplies, services, and property; and

“(B) enter into contracts, leases, and other legal agreements.

“(2) Restrictions.—

“(A) Who may act on behalf of commission.—Except as provided in paragraph (1), nothing in this Act authorizes a member of the Commission to procure any item or enter into any agreement described in that paragraph.

“(B) Duration of legal agreements.—A contract, lease, or other legal agreement entered into by the Commission may not extend beyond the date of termination of the Commission.

“(3) Supplies and property possessed by commission at termination.—Any supply, property, or other asset that is acquired by, and, on the date of termination of the Commission, remains in the possession of, the Commission shall be considered property of the General Services Administration.

“(g) Exclusive Right to Name, Logos, Emblems, Seals, and Marks.—

“(1) In general.—The Commission may devise any logo, emblem, seal, or other designating mark that the Commission determines—

“(A) to be required to carry out the duties of the Commission; or

“(B) to be appropriate for use in connection with the commemoration of Memorial Day or the National Moment of Remembrance.

“(2) Licensing.—

“(A) In general.—The Commission—

“(i) shall have the sole and exclusive right to use the name ‘White House Commission on the National Moment of Remembrance’ on any logo, emblem, seal, or descriptive or designating mark that the Commission lawfully adopts; and

“(ii) shall have the sole and exclusive right to allow or refuse the use by any other entity of the name ‘White House Commission on the National Moment of Remembrance’ on any logo, emblem, seal, or descriptive or designating mark.

“(B) Transfer on termination.—Unless otherwise provided by law, all rights of the Commission under subparagraph (A) shall be transferred to the Administrator of General Services on the date of termination of the Commission.

“(3) Effect on other rights.—Nothing in this subsection affects any right established or vested before the date of enactment of this Act [Dec. 28, 2000].

“(4) Use of funds.—The Commission may, without further Act of appropriation, use funds received from licensing royalties under this section to carry out this Act.

“SEC. 8. COMMISSION PERSONNEL MATTERS.

“(a) Compensation of Members.—

“(1) Non-federal employees.—A member of the Commission who is not an officer or employee of the Federal Government may be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission.

“(2) Federal employees.—A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government.

“(b) Travel Expenses.—A member of the Commission may be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission.

“(c) Staff.—

“(1) In general.—The Chairperson of the Commission or the Executive Director and White House Liaison may, without regard to the civil service laws (including regulations), appoint and terminate such additional personnel as are necessary to enable the Commission to perform the duties of the Commission.

“(2) Compensation.—

“(A) In general.—Except as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of the Executive Director and White House Liaison and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates.

“(B) Maximum rate of pay.—The rate of pay for the Executive Director and White House Liaison and other personnel shall not exceed the rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission.

“(d) Detail of Federal Government Employees.—

“(1) In general.—In addition to the details under paragraph (2), on request of the Chairperson, the Vice Chairperson, or the Executive Director and White House Liaison, an employee of the Federal Government may be detailed to the Commission without reimbursement.

“(2) Detail of specific employees.—

“(A) Military details.—

“(i) Army; air force.—The Secretary of the Army and the Secretary of the Air Force shall each detail a commissioned officer above the grade of captain to assist the Commission in carrying out this Act.

“(ii) Navy.—The Secretary of the Navy shall detail a commissioned officer of the Navy above the grade of lieutenant and a commissioned officer of the Marine Corps above the grade of captain to assist the Commission in carrying out this Act.

“(B) Veterans affairs; education.—The Secretary of Veterans Affairs and the Secretary of Education shall each detail an officer or employee compensated above the level of GS–12 in accordance with subchapter III of chapter 53 of title 5, United States Code to assist the Commission in carrying out this Act.

“(3) Civil service status.—The detail of any officer or employee under this subsection shall be without interruption or loss of civil service status or privilege.

“(e) Procurement of Temporary and Intermittent Services.—The Chairperson of the Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title.

“(f) Cooperative Agreements.—

“(1) In general.—The Commission may enter into a cooperative agreement with another entity, including any Federal agency, State or local government, or private entity, under which the entity may assist the Commission in—

“(A) carrying out the duties of the Commission under this Act; and

“(B) contributing to public awareness of and interest in Memorial Day and the National Moment of Remembrance.

“(2) Administrative support services.—On the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, any administrative support services and any property, equipment, or office space that the Commission determines to be necessary to carry out this Act.

“(g) Support From Nonprofit Sector.—The Commission may accept program support from nonprofit organizations.

“SEC. 9. REMEMBRANCE ALLIANCE.

“(a) Establishment.—There is established the Remembrance Alliance.

“(b) Composition.—

“(1) Members.—The Alliance shall be composed of individuals, appointed by the Commission, that are representatives or members of—

“(A) the print, broadcast, or other media industry;

“(B) the national sports community;

“(C) the recreation industry;

“(D) the entertainment industry;

“(E) the retail industry;

“(F) the food industry;

“(G) the health care industry;

“(H) the transportation industry;

“(I) the education community;

“(J) national veterans organizations; and

“(K) families that have lost loved ones in combat.

“(2) Honorary members.—On recommendation of the Alliance, the Commission may appoint honorary, nonvoting members to the Alliance.

“(3) Vacancies.—Any vacancy in the membership of the Alliance shall be filled in the same manner in which the original appointment was made.

“(c) Term.—The Commission may fix the term of appointment for members of the Alliance.

“(d) Duties.—The Alliance shall assist the Commission in carrying out this Act by—

“(1) planning, organizing, and implementing an annual White House Conference on the National Moment of Remembrance and other similar events;

“(2) promoting the observance of Memorial Day and the National Moment of Remembrance through appropriate means, subject to any guidelines developed by the Commission;

“(3) establishing necessary incentives for Federal, State, and local governments and private sector entities to sponsor and participate in programs initiated by the Commission or the Alliance;

“(4) evaluating the effectiveness of efforts by the Commission and the Alliance in carrying out this Act; and

“(5) carrying out such other duties as are assigned by the Commission.

“(e) Alliance Personnel Matters.—

“(1) Compensation of members.—A member of the Alliance shall serve without compensation for the services of the member to the Alliance.

“(2) Travel expenses.—A member of the Alliance may be allowed reimbursement for travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission.

“(f) Termination.—The Alliance shall terminate on the date of termination of the Commission.

“SEC. 10. EXECUTIVE DIRECTOR AND WHITE HOUSE LIAISON.

“(a) Appointment.—

“(1) In general.—The Director of the Committee Management Secretariat Staff of the General Services Administration shall appoint an individual as Executive Director and White House Liaison.

“(2) Inapplicability of certain civil service laws.—The Executive Director and White House Liaison may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service.

“(b) Duties.—The Executive Director and White House Liaison shall—

“(1) serve as a liaison between the Commission and the President;

“(2) serve as chief of staff of the Commission; and

“(3) coordinate the efforts of the Commission and the President on all matters relating to this Act, including matters relating to the National Moment of Remembrance.

“(c) Compensation.—The Executive Director and White House Liaison may be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the Executive Director and White House Liaison is engaged in the performance of the duties of the Commission.

“SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS.

“(a) In General.—The Comptroller General of the United States shall audit, on an annual basis, the financial transactions of the Commission (including financial transactions involving donated funds) in accordance with generally accepted auditing standards.

“(b) Access.—The Commission shall ensure that the Comptroller General, in conducting an audit under this section, has—

“(1) access to all books, accounts, financial records, reports, files, and other papers, items, or property in use by the Commission, as necessary to facilitate the audit; and

“(2) full ability to verify the financial transactions of the Commission, including access to any financial records or securities held for the Commission by depositories, fiscal agents, or custodians.

“SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

“There are authorized to be appropriated to carry out this Act, to remain available until expended—

“(1) $500,000 for fiscal year 2001; and

“(2) $250,000 for each of fiscal years 2002 through 2009.

“SEC. 13. TERMINATION.

“The Commission shall terminate on the earlier of—

“(1) a date specified by the President that is at least 2 years after the date of enactment of this Act [Dec. 28, 2000]; or

“(2) the date that is 10 years after the date of enactment of this Act.”

[For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.]

§117. Mother's Day

(a) Designation.—The second Sunday in May is Mother's Day.

(b) Proclamation.—The President is requested to issue a proclamation calling on United States Government officials to display the flag of the United States on all Government buildings, and on the people of the United States to display the flag at their homes or other suitable places, on Mother's Day as a public expression of love and reverence for the mothers of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1258.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

117(a)

36:142 (words before comma).

May 8, 1914, Pub. R. 25, 38 Stat. 770.

117(b)

36:141.

36:142 (words after comma).

In subsection (b), the text of 36:142 (words after comma) is omitted as unnecessary.

§118. National Aviation Day

The President may issue each year a proclamation—

(1) designating August 19 as National Aviation Day;

(2) calling on United States Government officials to display the flag of the United States on all Government buildings on National Aviation Day; and

(3) inviting the people of the United States to observe National Aviation Day with appropriate exercises to further stimulate interest in aviation in the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1258.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

118

36:151.

May 11, 1939, ch. 123, 53 Stat. 739.

§119. National Day of Prayer

The President shall issue each year a proclamation designating the first Thursday in May as a National Day of Prayer on which the people of the United States may turn to God in prayer and meditation at churches, in groups, and as individuals.

§120. National Defense Transportation Day

The President is requested to issue each year a proclamation—

(1) designating the third Friday in May as National Defense Transportation Day; and

(2) urging the people of the United States, including labor, management, users, and investors, in all communities served by the various forms of transportation to observe National Defense Transportation Day by appropriate ceremonies that will give complete recognition to the importance to each community and its people of the transportation system of the United States and the maintenance of the facilities of the system in the most modern state of adequacy to serve the needs of the United States in times of peace and in national defense.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1258.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

120

36:160.

May 16, 1957, Pub. L. 85–32, 71 Stat. 30.

In clause (2), the words “any of”, “by land, by sea, and by air”, and “and every” are omitted as unnecessary.

§121. National Disability Employment Awareness Month

(b) Ceremonies.—Appropriate ceremonies shall be held throughout the United States during National Disability Employment Awareness Month to enlist public support for, and interest in, the employment of workers with disabilities who are otherwise qualified. Governors, mayors, heads of other governmental entities, and interested organizations and individuals are invited to participate in the ceremonies.

(c) Proclamation.—The President is requested to issue each year a suitable proclamation.

In subsection (b), the words “of States” and “of cities” are omitted as unnecessary. The words “governmental entities” are substituted for “instrumentalities of government” for consistency in the revised title and with other titles of the United States Code. The words “as well as leaders of industry, educational and religious groups, labor, veterans, women, farm, scientific and professional, and all other” are omitted as unnecessary.

§122. National Flag Week

The President is requested to issue each year a proclamation—

(1) designating the week in which June 14 falls as National Flag Week; and

(2) calling on citizens to display the flag of the United States during National Flag Week.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

122

36:157a.

June 9, 1966, Pub. L. 89–443, 80 Stat. 194.

§123. National Forest Products Week

(a) Designation.—The week beginning on the third Sunday in October is National Forest Products Week.

(b) Proclamation.—The President is requested to issue each year a proclamation calling on the people of the United States to observe National Forest Products Week with appropriate ceremonies and activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

123(a)

36:163 (words before comma).

Sept. 13, 1960, Pub. L. 86–753, 74 Stat. 898.

123(b)

36:163 (words after comma).

§124. National Freedom Day

The President may issue each year a proclamation designating February 1 as National Freedom Day to commemorate the signing by Abraham Lincoln on February 1, 1865, of the joint resolution adopted by the Senate and the House of Representatives that proposed the 13th amendment to the Constitution.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

124

36:156.

June 30, 1948, ch. 755, 62 Stat. 1150.

§125. National Grandparents Day

The President is requested to issue each year a proclamation—

(1) designating the first Sunday in September after Labor Day as National Grandparents Day; and

(2) calling on the people of the United States and interested groups and organizations to observe National Grandparents Day with appropriate ceremonies and activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

125

36:142b.

Sept. 6, 1979, Pub. L. 96–62, 93 Stat. 410.

§126. National Hispanic Heritage Month

The President is requested to issue each year a proclamation—

(1) designating September 15 through October 15 as National Hispanic Heritage Month; and

(2) calling on the people of the United States, especially the educational community, to observe National Hispanic Heritage Month with appropriate ceremonies and activities.

§127. National Korean War Veterans Armistice Day

(a) Designation.—July 27 of each year until 2003 is National Korean War Veterans Armistice Day.

(b) Proclamation.—The President is requested to issue each year a proclamation calling on—

(1) the people of the United States to observe National Korean War Veterans Armistice Day with appropriate ceremonies and activities; and

(2) all departments, agencies, and instrumentalities of the United States Government, and interested organizations, groups, and individuals, to fly the flag of the United States at halfstaff on July 27 of each year until 2003 in honor of the individuals who died as a result of their service in Korea.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

127(a)

36:169m (words before “and the President”).

July 27, 1995, Pub. L. 104–19, title II, §2005, 109 Stat. 247.

127(b)

36:169m (words after “Armistice Day’ ”).

In subsection (b)(2), the words “departments, agencies, and instrumentalities” are substituted for “departments and agencies of the United States” for consistency in the revised title and with other titles of the United States Code.

§128. National Maritime Day

(a) Designation.—May 22 is National Maritime Day.

(b) Proclamation.—The President is requested to issue each year a proclamation calling on—

(1) the people of the United States to observe National Maritime Day by displaying the flag of the United States at their homes or other suitable places; and

(2) United States Government officials to display the flag on all Government buildings on National Maritime Day.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1260.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

128(a)

36:145 (words before comma).

May 20, 1933, ch. 36, 48 Stat. 73.

128(b)

36:145 (words after comma).

§129. National Pearl Harbor Remembrance Day

(a) Designation.—December 7 is National Pearl Harbor Remembrance Day.

(b) Proclamation.—The President is requested to issue each year a proclamation calling on—

(1) the people of the United States to observe National Pearl Harbor Remembrance Day with appropriate ceremonies and activities; and

(2) all departments, agencies, and instrumentalities of the United States Government, and interested organizations, groups, and individuals, to fly the flag of the United States at halfstaff each December 7 in honor of the individuals who died as a result of their service at Pearl Harbor.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1260.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

129(a)

36:169l (words before “and the President”).

Aug. 23, 1994, Pub. L. 103–308, 108 Stat. 1669.

129(b)

36:169l (words after “Remembrance Day’ ”).

In subsection (b)(2), the words “departments, agencies, and instrumentalities of the United States Government” are substituted for “Federal agencies” for consistency in the revised title and with other titles of the United States Code.

§130. National Poison Prevention Week

The President is requested to issue each year a proclamation designating the third week in March as National Poison Prevention Week to aid in encouraging the people of the United States to learn of the dangers of accidental poisoning and to take preventive measures that are warranted by the seriousness of the danger.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1260.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

130

36:165.

Sept. 26, 1961, Pub. L. 87–319, 75 Stat. 681.

§131. National Safe Boating Week

The President is requested to issue each year a proclamation designating the 7-day period ending on the last Friday before Memorial Day as National Safe Boating Week.

§132. National School Lunch Week

(a) Designation.—The week beginning on the second Sunday in October is National School Lunch Week.

(b) Proclamation.—The President is requested to issue each year a proclamation calling on the people of the United States to observe National School Lunch Week with appropriate ceremonies and activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1260.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

132(a)

36:168 (words before comma).

Oct. 9, 1962, Pub. L. 87–780, 76 Stat. 779.

132(b)

36:168 (words after comma).

§133. National Transportation Week

The President is requested to issue each year a proclamation—

(1) designating the week that includes the third Friday of May as National Transportation Week; and

(2) inviting the people of the United States to observe National Transportation Week with appropriate ceremonies and activities as a tribute to the men and women who, night and day, move goods and individuals throughout the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1260.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

133

36:166.

May 14, 1962, Pub. L. 87–449, 76 Stat. 69.

§134. Pan American Aviation Day

The President may issue each year a proclamation—

(1) designating December 17 as Pan American Aviation Day; and

(2) calling on all officials of the United States Government, the chief executive offices of the States, territories, and possessions of the United States, and all citizens to participate in the observance of Pan American Aviation Day to further, and stimulate interest in, aviation in the American countries as an important stimulus to the further development of more rapid communications and a cultural development between the countries of the Western Hemisphere.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1261.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

134

36:151a.

Oct. 10, 1940, ch. 840, 54 Stat. 1093.

In clause (2), the words “chief executive officers of the States, territories, and possessions of the United States” are substituted for “Governors of the fifty States, our possessions”, and the word “countries” is substituted for “nations”, for consistency in the revised title and with other titles of the United States Code.

§135. Parents’ Day

(a) Designation.—The fourth Sunday in July is Parents’ Day.

(b) Recognition.—All private citizens, organizations, and Federal, State, and local governmental and legislative entities are encouraged to recognize Parents’ Day through proclamations, activities, and educational efforts in furtherance of recognizing, uplifting, and supporting the role of parents in bringing up their children.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1261.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

135(a)

36:142c.

Oct. 14, 1994, Pub. L. 103–362, 108 Stat. 3465.

135(b)

36:142c–1.

In subsection (b), the word “entities” is substituted for “bodies” for consistency in the revised title and with other titles of the United States Code.

§136. Peace Officers Memorial Day

The President is requested to issue each year a proclamation—

(1) designating May 15 as Peace Officers Memorial Day in honor of Federal, State, and local officers killed or disabled in the line of duty;

(2) directing United States Government officials to display the flag of the United States at halfstaff on all Government buildings on Peace Officers Memorial Day, as provided by section 7(m) of title 4, United States Code; and

(3) inviting State and local governments and the people of the United States to observe Peace Officers Memorial Day with appropriate ceremonies and activities, including the display of the flag at halfstaff.

In clause (2), the reference to section 7(m) of title 4 is substituted for the reference to section 175(m) of title 36 because the latter provision is being restated in title 4. See section 2 of the bill.

§137. Police Week

The President is requested to issue each year a proclamation—

(1) designating the week in which May 15 occurs as Police Week in recognition of the service given by men and women who stand guard to protect the people of the United States through law enforcement; and

(2) inviting State and local governments and the people of the United States to observe Police Week with appropriate ceremonies and activities, including the display of the flag at halfstaff.

In clause (1), the words “night and day” and “in our midst” are omitted as unnecessary.

§138. Save Your Vision Week

The President is requested to issue each year a proclamation—

(1) designating the first week in March as Save Your Vision Week;

(2) inviting the governors and mayors of State and local governments to issue proclamations designating the first week in March as Save Your Vision Week;

(3) inviting the communications media, health care professions, and other agencies and individuals concerned with programs for the improvement of vision to unite during Save Your Vision Week in public activities to convince the people of the United States of the importance of vision to their welfare and the welfare of the United States; and

(4) urging the media, health care professions, and other agencies and individuals to support programs to improve and protect the vision of the people of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1261.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

138

36:169a.

Dec. 30, 1963, Pub. L. 88–242, 77 Stat. 629.

In clause (3), the words “consider including in such proclamation” and “press, radio, television, and other” are omitted as unnecessary.

§139. Steelmark Month

(a) Designation.—May is Steelmark Month.

(b) Purpose.—Steelmark Month recognizes the tremendous contribution made by the steel industry in the United States to national security and defense.

(c) Proclamation.—The President is requested to issue a proclamation calling on the people of the United States to observe Steelmark Month with appropriate ceremonies and activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1262.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

139(a)

36:169e (1st sentence 1st–13th words).

Nov. 2, 1966, Pub. L. 89–703, 80 Stat. 1099.

139(b)

36:169e (1st sentence 14th–last words).

139(c)

36:169e (last sentence).

In subsection (c), the word “activities” is substituted for “proceedings” for consistency in this chapter.

§140. Stephen Foster Memorial Day

The President may issue each year a proclamation—

(1) designating January 13 as Stephen Foster Memorial Day; and

(2) calling on the people of the United States to observe Stephen Foster Memorial Day with appropriate ceremonies, pilgrimages to his shrines, and musical programs featuring his compositions.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1262.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

140

36:158.

Oct. 27, 1951, ch. 593, 65 Stat. 659.

§141. Thomas Jefferson's birthday

The President shall issue each year a proclamation—

(1) calling on officials of the United States Government to display the flag of the United States on all Government buildings on April 13; and

(2) inviting the people of the United States to observe April 13 in schools and churches, or other suitable places, with appropriate ceremonies in commemoration of Thomas Jefferson's birthday.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1262.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

141

36:149.

Aug. 16, 1937, ch. 666, 50 Stat. 668.

§142. White Cane Safety Day

The President may issue each year a proclamation—

(1) designating October 15 as White Cane Safety Day; and

(2) calling on the people of the United States to observe White Cane Safety Day with appropriate ceremonies and activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1262.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

142

36:169d.

Oct. 6, 1964, Pub. L. 88–628, 78 Stat. 1003.

§143. Wright Brothers Day

(a) Designation.—December 17 is Wright Brothers Day.

(b) Purpose.—Wright Brothers Day commemorates the first successful flights in a heavier than air, mechanically propelled airplane, that were made by Orville and Wilbur Wright on December 17, 1903, near Kitty Hawk, North Carolina.

(c) Proclamation.—The President is requested to issue each year a proclamation inviting the people of the United States to observe Wright Brothers Day with appropriate ceremonies and activities.

Centennial of Flight Commemoration Act

“SECTION 1. SHORT TITLE.

“This Act may be cited as the ‘Centennial of Flight Commemoration Act’.

“SEC. 2. FINDINGS.

“Congress finds that—

“(1) December 17, 2003, is the 100th anniversary of the first successful manned, free, controlled, and sustained flight by a power-driven, heavier-than-air machine;

“(2) the first flight by Orville and Wilbur Wright represents the fulfillment of the age-old dream of flying;

“(3) the airplane has dramatically changed the course of transportation, commerce, communication, and warfare throughout the world;

“(4) the achievement by the Wright brothers stands as a triumph of American ingenuity, inventiveness, and diligence in developing new technologies, and remains an inspiration for all Americans;

“(5) it is appropriate to remember and renew the legacy of the Wright brothers at a time when the values of creativity and daring represented by the Wright brothers are critical to the future of the Nation; and

“(6) as the Nation approaches the 100th anniversary of powered flight, it is appropriate to celebrate and commemorate the centennial year through local, national, and international observances and activities.

“SEC. 3. ESTABLISHMENT.

“There is established a commission to be known as the Centennial of Flight Commission.

“SEC. 4. MEMBERSHIP.

“(a) Number and Appointment.—The Commission shall be composed of 6 members, as follows:

“(1) The Director of the National Air and Space Museum of the Smithsonian Institution.

“(2) The Administrator of the National Aeronautics and Space Administration.

“(3) The president of the First Flight Centennial Foundation of North Carolina to represent the interests of the Foundation.

“(4) The chairman of the 2003 Committee of Ohio to represent the interests of the 2003 Committee.

“(5) As chosen by the Commission, the president or head of a United States aeronautical society, foundation, or organization of national stature or prominence who will be a person from a State other than Ohio or North Carolina and shall represent the interests of such aeronautical entities.

“(6) The Administrator of the Federal Aviation Administration.

“(b) Alternates.—Each member described under subsection (a) may designate an alternate who may act in lieu of the member to the extent authorized by the member, including attending meetings and voting.

“(c) Vacancies.—Any vacancy in the Commission shall be filled in the same manner in which the original designation was made.

“(d) Compensation.—

“(1) Prohibition of pay.—Except as provided in paragraph (2), members of the Commission shall serve without pay or compensation.

“(2) Travel expenses.—The Commission may adopt a policy, only by unanimous vote, for members of the Commission and related advisory panels to receive travel expenses, including per diem in lieu of subsistence. The policy may not exceed the levels established under sections 5702 and 5703 of title 5, United States Code. Members who are Federal employees shall not receive travel expenses if otherwise reimbursed by the Federal Government.

“(e) Quorum.—Three members of the Commission shall constitute a quorum.

“(f) Chairperson.—The Commission shall select a Chairperson of the Commission from the members designated under subsection (a)(1), (2), or (5). The Chairperson may not vote on matters before the Commission except in the case of a tie vote. The Chairperson may be removed by a vote of a majority of the Commission's members.

“SEC. 5. DUTIES.

“(a) In General.—The Commission shall provide recommendations and advice to the President, Congress, and Federal agencies on the most effective ways to—

“(1) encourage and promote national and international participation and sponsorships in commemoration of the centennial of powered flight by persons and entities such as—

“(2) plan and develop, in coordination with the First Flight Centennial Commission, the First Flight Centennial Foundation of North Carolina, and the 2003 Committee of Ohio, programs and activities that are appropriate to commemorate the 100th anniversary of powered flight;

“(3) maintain, publish, and distribute a calendar or register of national and international programs and projects concerning, and provide a central clearinghouse for, information and coordination regarding, dates, events, and places of historical and commemorative significance regarding aviation history in general and the centennial of powered flight in particular;

“(4) provide national coordination for celebration dates to take place throughout the United States during the centennial year;

“(5) assist in conducting educational, civic, and commemorative activities relating to the centennial of powered flight throughout the United States, especially activities that occur in the States of North Carolina and Ohio and that highlight the activities of the Wright brothers in such States; and

“(6) encourage the publication of popular and scholarly works related to the history of aviation or the anniversary of the centennial of powered flight.

“(b) International Activities.—The Commission may—

“(1) advise the United States with regard to gaining support for and facilitating international recognition of the importance of aviation history in general and the centennial of powered flight in particular; and

“(2) attend international meetings regarding such activities as advisors to official United States representatives or to gain or provide information for or about the activities of the Commission.

“(c) Nonduplication of Activities.—The Commission shall attempt to plan and conduct its activities in such a manner that activities conducted pursuant to this Act enhance, but do not duplicate, traditional and established activities of Ohio's 2003 Committee, North Carolina's First Flight Centennial Commission, the First Flight Centennial Foundation, or any other organization of national stature or prominence.

“(d) Additional Duties.—The Commission may—

“(1)(A) assemble, write, and edit a calendar of events in the United States (and significant events in the world) dealing with the commemoration of the centennial of flight or the history of aviation;

“(B) actively solicit event information; and

“(C) disseminate the calendar by printing and distributing hard and electronic copies and making the calendar available on a web page on the Internet;

“(2) maintain a web page on the Internet for the public that includes activities related to the centennial of flight celebration and the history of aviation;

“(3) write and produce press releases about the centennial of flight celebration and the history of aviation;

“(4) solicit and respond to media inquiries and conduct media interviews on the centennial of flight celebration and the history of aviation;

“(5) initiate contact with individuals and organizations that have an interest in aviation to encourage such individuals and organizations to conduct their own activities in celebration of the centennial of flight;

“(6) provide advice and recommendations, through the Administrator of the National Aeronautics and Space Administration or the Administrator of the Federal Aviation Administration (or any employee of such an agency head under the direction of that agency head), to individuals and organizations that wish to conduct their own activities in celebration of the centennial of flight, and maintain files of information and lists of experts on related subjects that can be disseminated on request;

“(7) sponsor meetings of Federal agencies, State and local governments, and private individuals and organizations for the purpose of coordinating their activities in celebration of the centennial of flight; and

“(8) encourage organizations to publish works related to the history of aviation.

“SEC. 6. POWERS.

“(a) Advisory Committees and Task Forces.—

“(1) In general.—The Commission may appoint any advisory committee or task force from among the membership of the Advisory Board in section 12.

“(2) Federal cooperation.—The head of a Federal department or agency, where appropriate, shall furnish information or assistance requested by the Commission, unless prohibited by law.

“(3) Prohibition of pay other than travel expenses.—Members of an advisory committee or task force authorized under paragraph (1) shall not receive pay, but may receive travel expenses pursuant to the policy adopted by the Commission under section 4(d)(2).

“(b) Powers of Members and Agents.—Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take under this Act.

“(c) Authority To Procure and To Make Legal Agreements.—

“(1) In general.—Notwithstanding any other provision in this Act, only the Administrator of the National Aeronautics and Space Administration or the Administrator of the Federal Aviation Administration (or an employee of the respective administration as designated by either Administrator) may, on behalf of the Commission, procure supplies, services, and property, and make or enter into leases and other legal agreements in order to carry out this Act.

“(2) Restriction.—

“(A) In general.—A contract, lease, or other legal agreement made or entered into by the Commission may not extend beyond the date of the termination of the Commission.

“(B) Federal support.—The Commission shall obtain property, equipment, and office space from the General Services Administration or the Smithsonian Institution, unless other office space, property, or equipment is less costly.

“(3) Supplies and property possessed by commission at termination.—Any supplies and property, except historically significant items, that are acquired by the Commission under this Act and remain in the possession of the Commission on the date of the termination of the Commission shall become the property of the General Services Administration upon the date of termination.

“(d) Mails.—The Commission may use the United States mails in the same manner and under the same conditions as any other Federal agency.

“SEC. 7. STAFF AND SUPPORT SERVICES.

“(a) Executive Director.—Subject to subsection (h), there shall be an Executive Director appointed by the Commission and chosen from among detailees from the agencies and organizations represented on the Commission or represented on the Advisory Board under section 12(b)(1)(A) through (E). The Executive Director may be paid at a rate not to exceed the maximum rate of basic pay payable for the Senior Executive Service.

“(b) Staff.—Subject to subsection (h), the Commission may appoint and fix the pay of any additional personnel that it considers appropriate, except that an individual appointed under this subsection may not receive pay in excess of the maximum rate of basic pay payable for GS–14 of the General Schedule.

“(c) Inapplicability of Certain Civil Service Laws.—The Executive Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, except as provided under subsections (a) and (b) of this section.

“(d) Merit System Principles.—The appointment of the Executive Director or any personnel of the Commission under subsection (a) or (b) shall be made consistent with the merit system principles under section 2301 of title 5, United States Code.

“(e) Staff of Federal Agencies.—Upon request by the Chairperson of the Commission, the head of any Federal department or agency may detail, on either a nonreimbursable or reimbursable basis, any of the personnel of the department or agency to the Commission to assist the Commission to carry out its duties under this Act.

“(f) Administrative Support Services.—

“(1) Reimbursable services.—The Secretary of the Smithsonian Institution may provide to the Commission on a reimbursable basis any administrative support services that are necessary to enable the Commission to carry out this Act.

“(2) Nonreimbursable services.—The Secretary may provide administrative support services to the Commission on a nonreimbursable basis when, in the opinion of the Secretary, the value of such services is insignificant or not practical to determine.

“(g) Program Support.—The Commission may receive program support from the nonprofit sector.

“(h) Limitation.—Each member of the Commission described under section 4(a)(3), (4), and (5) may not make personnel decisions, including hiring, termination, and setting terms and conditions of employment.

“SEC. 8. CONTRIBUTIONS.

“(a) Donations.—The Commission may accept donations of personal services and historic materials relating to the implementation of its responsibilities under the provisions of this Act.

“(b) Volunteer Services.—Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary.

“(c) Remaining Funds.—Any funds (including funds received from licensing royalties) remaining with the Commission on the date of the termination of the Commission may be used to ensure proper disposition, as specified in the final report required under section 10(b), of historically significant property which was donated to or acquired by the Commission. Any funds remaining after such disposition shall be transferred to the Secretary of the Treasury for deposit into the general fund of the Treasury of the United States.

“SEC. 9. EXCLUSIVE RIGHT TO NAME, LOGOS, EMBLEMS, SEALS, AND MARKS.

“(a) In General.—After consultation with the Commission, the Administrator of the National Aeronautics and Space Administration may devise any logo, emblem, seal, or descriptive or designating mark that is required to carry out the duties under this Act or that the Administrator of the National Aeronautics and Space Administration determines is appropriate for use in connection with the commemoration of the centennial of powered flight.

“(b) Licensing.—After consultation with the Commission, the Administrator of the National Aeronautics and Space Administration may exercise the sole and exclusive right to use, or to allow or refuse the use of, the name ‘Centennial of Flight Commission’ on any logo, emblem, seal, or descriptive or designating mark adopted under subsection (a).

“(c) Effect on Other Rights.—No provision of this section may be construed to conflict or interfere with established or vested rights.

“(d) Use of Funds.—

“(1) In general.—Subject to paragraph (2), funds from licensing royalties received under this section shall be used by the Commission to carry out the duties of the Commission specified by this Act.

“(2) Excess funds.—The Commission shall transfer any portion of funds in excess of funds necessary to carry out the duties described under paragraph (1), to the National Aeronautics and Space Administration to be used for the sole purpose of commemorating the history of aviation or the centennial of powered flight.

“(e) Licensing Rights.—All exclusive licensing rights, unless otherwise specified, shall revert to the Air and Space Museum of the Smithsonian Institution upon termination of the Commission.

“SEC. 10. REPORTS.

“(a) Annual Report.—In each fiscal year in which the Commission is in existence, the Commission shall prepare and submit to Congress a report describing the actions taken by the Commission in fulfillment of the Commission's duties under this Act during the fiscal year. Each annual report shall also include—

“(2) recommendations to appropriate agencies or advisory bodies regarding the issuance of commemorative coins, medals, and stamps by the United States relating to aviation or the centennial of powered flight;

“(3) recommendations for any legislation or administrative action that the Commission determines to be appropriate regarding the commemoration of the centennial of powered flight; and

“(4) an accounting of funds received and expended by the Commission in the fiscal year that the report concerns, including a detailed description of the source and amount of any funds donated to the Commission in the fiscal year.

“(b) Final Report.—Not later than June 30, 2004, the Commission shall submit to the President and Congress a final report. The final report shall contain—

“(1) a summary of the recommendations of the Commission;

“(2) a final accounting of funds received and expended by the Commission;

“(3) any findings and conclusions of the Commission; and

“(4) specific recommendations concerning the final disposition of any historically significant items acquired by the Commission, including items donated to the Commission under section 8(a)(1).

“SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS.

“(a) In General.—

“(1) Audit.—The Comptroller General of the United States shall audit on an annual basis the financial transactions of the Commission, including financial transactions involving donated funds, in accordance with generally accepted auditing standards.

“(2) Access.—In conducting an audit under this section, the Comptroller General—

“(A) shall have access to all books, accounts, financial records, reports, files, and other papers, items, or property in use by the Commission, as necessary to facilitate the audit; and

“(B) shall be afforded full facilities for verifying the financial transactions of the Commission, including access to any financial records or securities held for the Commission by depositories, fiscal agents, or custodians.

“(b) Final Report.—Not later than September 30, 2004, the Comptroller General of the United States shall submit to the President and to Congress a report detailing the results of any audit of the financial transactions of the Commission conducted by the Comptroller General.

“SEC. 12. ADVISORY BOARD.

“(a) Establishment.—There is established a First Flight Centennial Federal Advisory Board.

“(b) Number and Appointment.—

“(1) In general.—The Board shall be composed of 19 members as follows:

“(A) The Secretary of the Interior.

“(B) The Librarian of Congress.

“(C) The Secretary of the Air Force.

“(D) The Secretary of the Navy.

“(E) The Secretary of Transportation.

“(F) Six citizens of the United States, appointed by the President, who—

“(i) are not officers or employees of any governmental entity (except membership on the Board shall not be construed to apply to the limitation under this clause); and

“(ii) shall be selected among individuals who—

“(I) have earned an advanced degree related to aerospace history or science, or have actively and primarily worked in an aerospace related field during the 5-year period before appointment by the President; and

“(II) specifically represent 1 or more of the persons or groups enumerated under section 5(a)(1).

“(G) Four citizens of the United States, appointed by the majority leader of the Senate in consultation with the minority leader of the Senate.

“(H) Four citizens of the United States, appointed by the Speaker of the House of Representatives in consultation with the minority leader of the House of Representatives. Of the individuals appointed under this subparagraph—

“(i) one shall be selected from among individuals recommended by the representative whose district encompasses the Wright Brothers National Memorial; and

“(ii) one shall be selected from among individuals recommended by the representatives whose districts encompass any part of the Dayton Aviation Heritage National Historical Park.

“(2) Alternates.—Each member described under paragraph (1)(A) through (E) may designate an alternate who may act in lieu of the member to the extent authorized by the member, including attending meetings and voting.

“(c) Vacancies.—Any vacancy in the Advisory Board shall be filled in the same manner in which the original designation was made.

“(d) Meetings.—Seven members of the Advisory Board shall constitute a quorum for a meeting. All meetings shall be open to the public.

“(e) Chairperson.—The President shall designate 1 member appointed under subsection (b)(1)(F) as chairperson of the Advisory Board.

“(f) Mails.—The Advisory Board may use the United States mails in the same manner and under the same conditions as a Federal agency.

“(h) Prohibition of Compensation Other Than Travel Expenses.—Members of the Advisory Board shall not receive pay, but may receive travel expenses pursuant to the policy adopted by the Commission under section 4(d).

“(i) Termination.—The Advisory Board shall terminate upon the termination of the Commission.

“SEC. 13. DEFINITIONS.

“For purposes of this Act:

“(1) The term ‘Advisory Board’ means the Centennial of Flight Federal Advisory Board.

“(2) The term ‘centennial of powered flight’ means the anniversary year, from December 2002 to December 2003, commemorating the 100-year history of aviation beginning with the First Flight and highlighting the achievements of the Wright brothers in developing the technologies which have led to the development of aviation as it is known today.

“(3) The term ‘Commission’ means the Centennial of Flight Commission.

“(4) The term ‘First Flight’ means the first four successful manned, free, controlled, and sustained flights by a power-driven, heavier-than-air machine, which were accomplished by Orville and Wilbur Wright of Dayton, Ohio on December 17, 1903 at Kitty Hawk, North Carolina.

“SEC. 14. TERMINATION.

“The Commission shall terminate not later than 60 days after the submission of the final report required by section 10(b) and shall transfer all documents and material to the National Archives or other appropriate Federal entity.

“SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

“There is authorized to be appropriated to carry out this Act $250,000 for fiscal year 1999, $600,000 for fiscal year 2000, $750,000 for fiscal year 2001, $900,000 for fiscal year 2002, $900,000 for fiscal year 2003, and $600,000 for fiscal year 2004.”

§144. Patriot Day

(a) Designation.—September 11 is Patriot Day.

(b) Proclamation.—The President is requested to issue each year a proclamation calling on—

(1) State and local governments and the people of the United States to observe Patriot Day with appropriate programs and activities;

(2) all departments, agencies, and instrumentalities of the United States and interested organizations and individuals to display the flag of the United States at halfstaff on Patriot Day in honor of the individuals who lost their lives as a result of the terrorist attacks against the United States that occurred on September 11, 2001; and

(3) the people of the United States to observe a moment of silence on Patriot Day in honor of the individuals who lost their lives as a result of the terrorist attacks against the United States that occurred on September 11, 2001.

(Added Pub. L. 107–89, §1, Dec. 18, 2001, 115 Stat. 876.)

CHAPTER 3—NATIONAL ANTHEM, MOTTO, FLORAL EMBLEM, AND MARCH

Sec.

301.

National anthem.

302.

National motto.

303.

National floral emblem.

304.

National march.

§301. National anthem

(a) Designation.—The composition consisting of the words and music known as the Star-Spangled Banner is the national anthem.

(b) Conduct During Playing.—During a rendition of the national anthem—

(1) when the flag is displayed—

(A) all present except those in uniform should stand at attention facing the flag with the right hand over the heart;

(B) men not in uniform should remove their headdress with their right hand and hold the headdress at the left shoulder, the hand being over the heart; and

(C) individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note; and

(2) when the flag is not displayed, all present should face toward the music and act in the same manner they would if the flag were displayed.

Amendments

Reaffirmation of Language

Pub. L. 107–293, §3(b), Nov. 13, 2002, 116 Stat. 2061, provided that: “In codifying this subsection [probably should be “section”, meaning section 3 of Pub. L. 107–293, which amended this section], the Office of the Law Revision Counsel shall make no change in section 302, title 36, United States Code, but shall show in the historical and statutory notes that the 107th Congress reaffirmed the exact language that has appeared in the Motto for decades.”

§303. National floral emblem

The flower commonly known as the rose is the national floral emblem.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1263.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

303

36:187.

Oct. 7, 1986, Pub. L. 99–449, 100 Stat. 1128.

The text of 36:187 (words after comma) is omitted as executed because the proclamation was made on November 20, 1986. See Proclamation No. 5574, 51 Fed. Reg. 42197.

Proc. No. 5574. The Rose Proclaimed the National Floral Emblem of the United States of America

Proc. No. 5574, Nov. 20, 1986, 51 F.R. 42197, provided:

Americans have always loved the flowers with which God decorates our land. More often than any other flower, we hold the rose dear as the symbol of life and love and devotion, of beauty and eternity. For the love of man and woman, for the love of mankind and God, for the love of country, Americans who would speak the language of the heart do so with a rose.

We see proofs of this everywhere. The study of fossils reveals that the rose has existed in America for age upon age. We have always cultivated roses in our gardens. Our first President, George Washington, bred roses, and a variety he named after his mother is still grown today. The White House itself boasts a beautiful Rose Garden. We grow roses in all our fifty States. We find roses throughout our art, music, and literature. We decorate our celebrations and parades with roses. Most of all, we present roses to those we love, and we lavish them on our altars, our civil shrines, and the final resting places of our honored dead.

The American people have long held a special place in their hearts for roses. Let us continue to cherish them, to honor the love and devotion they represent, and to bestow them on all we love just as God has bestowed them on us.

The Congress, by Senate Joint Resolution 159 [Pub. L. 99–449, now this section], has designated the rose as the National Floral Emblem of the United States and authorized and requested the President to issue a proclamation declaring this fact.

NOW, THEREFORE, I, RONALD REAGAN, President of the United States of America, do hereby proclaim the rose as the National Floral Emblem of the United States of America.

IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of November, in the year of our Lord nineteen hundred and eighty-six, and of the Independence of the United States of America the two hundred and eleventh.

Ronald Reagan.

§304. National march

The composition by John Philip Sousa entitled “The Stars and Stripes Forever” is the national march.

§501. Definitions

(1) “Inaugural Committee” means the committee appointed by the President-elect to be in charge of the Presidential inaugural ceremony and functions and activities connected with the ceremony; and

(2) “inaugural period” means the period that includes the day on which the Presidential inaugural ceremony is held, the 5 calendar days immediately preceding that day, and the 4 calendar days immediately following that day.

In this chapter, the word “Mayor” is substituted for “Commissioners” in the Presidential Inaugural Ceremonies Act (ch. 974, 70 Stat. 1049) [subsequently changed to “Commissioner” in 36:ch. 30 because section 401 of Reorganization Plan No. 3 of 1967 (5 App. U.S.C.) transferred the functions of the Board of Commissioners of the District of Columbia to the Commissioner of the District of Columbia and because of 36:730] because of sections 421 and 711 of the District of Columbia Self-Government and Governmental Reorganization Act (Public Law 93–198, 87 Stat. 789, 818), which abolished the office of Commissioner of the District of Columbia and replaced it with the office of Mayor of the District of Columbia.

In this section, the text of 36:721(b)(3)–(5) is omitted because the complete names of the Mayor of the District of Columbia and the Secretaries of Defense and of the Interior are used the first time the terms appear in a section.

Section Referred to in Other Sections

This section is referred to in title 10 section 2553; title 40 section 581.

§502. Regulations, licenses, and registration tags

(a) Regulations and Licenses.—For each inaugural period, the Council of the District of Columbia shall—

(1) prescribe reasonable regulations necessary to preserve public order and protect life, health, and property;

(2) prescribe special regulations related to the standing, movement, and operation of vehicles; and

(3) grant special licenses to peddlers and vendors to sell merchandise in places the Council considers proper, subject to conditions and fees for the licenses the Council considers proper.

(b) Registration Tags.—The Mayor of the District of Columbia may issue, for any motor vehicle made available for the use of the Inaugural Committee, special registration tags, valid for not more than 90 days, designed to celebrate the inauguration of the President and Vice President.

In this chapter, the words “Council of the District of Columbia” are substituted for “District of Columbia Council” because of sections 401 and 711 of the District of Columbia Self-Government and Governmental Reorganization Act (Public Law 93–198, 87 Stat. 785, 818).

In subsection (a)(2), the words “of whatever character or kind during such period” are omitted as unnecessary.

In subsection (a)(3), the words “the privilege of”, “goods, wares, and”, and “in the District of Columbia” are omitted as unnecessary.

§503. Use of reservations, grounds, and public spaces

(a) Permit for Use.—With the approval of the officer having jurisdiction over any of the Federal reservations or grounds in the District of Columbia, the Secretary of the Interior may grant to the Inaugural Committee a permit to use the reservations or grounds during the inaugural period, including a reasonable time before and after the inaugural period. The Mayor of the District of Columbia may grant a similar permit to use public space under the Mayor's jurisdiction. Each permit granted under this subsection is subject to conditions the grantor of the permit prescribes.

(b) Reviewing Stands and Commercial Stands and Structures.—A reviewing stand or a stand or structure for the sale of merchandise, food, or drink may be built on public grounds in the District of Columbia only if approved by the Inaugural Committee and by the Secretary or the Mayor, as appropriate.

(c) Restoration After Inaugural Period.—After the inaugural period, the reservation, ground, or public space occupied by a stand or structure shall be restored promptly to its prior condition.

(d) Indemnification.—The Inaugural Committee shall indemnify and save harmless the District of Columbia and the appropriate department, agency, or instrumentality of the United States Government against any loss or damage to, and against any liability arising from the use of, the reservation, ground, or public space, by the Inaugural Committee or a licensee of the Inaugural Committee.

In subsection (a), the words “restrictions, terms, and” are omitted as unnecessary. The word “prescribes” is substituted for “imposed” for consistency in the revised title and with other titles of the United States Code.

In subsection (b), the words “With respect to public space”, “goods, wares”, “sidewalk, street, park, reservation, or other”, and “depending on the location of such stand or structure” are omitted as unnecessary.

In subsection (d), the words “department, agency, or instrumentality” are substituted for “agency” for consistency in the revised title and with other titles of the United States Code. The words “or agencies” are omitted because of 1:1.

§504. Installation and removal of electrical facilities

(a) Installation.—The Mayor of the District of Columbia may allow the Inaugural Committee to install suitable overhead conductors and electrical facilities, with adequate supports. The official in charge of a park or reservation in the District of Columbia in which it is necessary to place wires shall supervise the placing and removal of those wires.

(b) Removal.—The conductors and supports shall be removed not later than 5 days after the end of the inaugural period.

(c) Indemnification.—The United States Government and the District of Columbia may not incur any expense or damage from the installation, operation, or removal of a temporary overhead conductor or electrical facility. The Inaugural Committee shall indemnify and hold harmless the District of Columbia and the appropriate department, agency, or instrumentality of the Government against any loss or damage, and against any liability arising, from any act of the Inaugural Committee or any agent, licensee, servant, or employee of the Inaugural Committee in connection with the installation, operation, or removal of a temporary overhead conductor or electrical facility.

In subsection (a), the words “lighting or other” and “for illumination or other purposes” are omitted as unnecessary.

In subsection (c), the words “illumination or other” are omitted as unnecessary. The words “department, agency, or instrumentality” are substituted for “agency” for consistency in the revised title and with other titles of the United States Code. The words “or agencies” are omitted because of 1:1. The words “in connection with the installation, operation, or removal of a temporary overhead conductor or electrical facility” are added for clarity.

§505. Extension of wires along parade routes

The Mayor of the District of Columbia, the Secretary of the Interior, and the Inaugural Committee may allow communications companies to extend overhead wires to places along a parade route that are considered convenient for use in connection with the parade and other inaugural purposes. The wires shall be removed not later than 10 days after the inaugural period ends.

The words “communications companies” are substituted for “telegraph, telephone, radio-broadcasting, and television companies” to eliminate unnecessary words.

§506. Duration of regulations and licenses and publication of regulations

Regulations prescribed and licenses authorized under this chapter are effective only during the inaugural period. The regulations shall be published in at least one daily newspaper published in the District of Columbia. A penalty prescribed for violating such a regulation may not be enforced until 5 days after publication.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1265.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

506

36:728 (1st, 2d sentences).

Aug. 6, 1956, ch. 974, §8 (1st, 2d sentences), 70 Stat. 1051.

The words “full force and” are omitted as unnecessary.

§507. Application to other property

This chapter does not apply to the United States Capitol Buildings or Grounds or other property under the jurisdiction of Congress or a committee, commission, or officer of Congress. A service or facility authorized by or under this chapter is available for the property on request or approval of the joint committee of the Senate and House of Representatives appointed by the President of the Senate and the Speaker of the House of Representatives to arrange for the inauguration of the President-elect and the Vice President-elect.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1265.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

507

36:729.

Aug. 6, 1956, ch. 974, §9, 70 Stat. 1051.

Section Referred to in Other Sections

This section is referred to in title 10 section 2553.

§508. Enforcement

The Mayor of the District of Columbia, or other official having jurisdiction in the premises, shall enforce this chapter, take necessary precautions to protect the public, and ensure that the pavement of any street, sidewalk, avenue, or alley disturbed or damaged is restored to its prior condition.

§509. Penalty

A person violating a regulation prescribed under this chapter shall be fined under title 18 or imprisoned for not more than 30 days. A separate violation occurs under this section for each day the violation continues.

The words “by the Council of the District of Columbia” and “the authority of” are omitted as unnecessary. The words “under title 18” are substituted for “not more than $100” for consistency with title 18. The words “A separate violation occurs under this section for each day the violation continues” are substituted for 36:728 (last sentence) for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words.

§510. Disclosure of and prohibition on certain donations

(a) In General.—A committee shall not be considered to be the Inaugural Committee for purposes of this chapter unless the committee agrees to, and meets, the requirements of subsections (b) and (c).

(b) Disclosure.—

(1) In general.—Not later than the date that is 90 days after the date of the Presidential inaugural ceremony, the committee shall file a report with the Federal Election Commission disclosing any donation of money or anything of value made to the committee in an aggregate amount equal to or greater than $200.

Prior Provisions

Effective Date

Section effective Nov. 6, 2002, see section 402 of Pub. L. 107–155, set out as an Effective Date of 2002 Amendment; Regulations note under section 431 of Title 2, The Congress.

Section Referred to in Other Sections

This section is referred to in title 2 section 434.

§511. Authorization of appropriations

(a) Authorization.—Necessary amounts are authorized to be appropriated—

(1) to enable the Mayor of the District of Columbia to provide additional municipal services in the District of Columbia during the inaugural period, including—

(A) employment of personal services without regard to chapters 33 and 51 and subchapter III of chapter 53 of title 5;

(B) travel expenses of enforcement personnel, including sanitarians, from other jurisdictions;

(C) the hiring of the means of transportation;

(D) meals for policemen, firemen, and other municipal employees;

(E) the cost of removing and relocating streetcar loading platforms, construction, rent, maintenance, and expenses incident to the operation of temporary public comfort stations, first-aid stations, and information booths; and

(F) other incidental expenses in the discretion of the Mayor; and

(2) to enable the Secretary of the Interior to provide meals for the members of the United States Park Police during the inaugural period.

(b) Payment.—Amounts appropriated under—

(1) subsection (a)(1) of this section are payable in the same way as other appropriations for the expenses of the District of Columbia; and

(2) subsection (a)(2) of this section are payable in the same way as other appropriations for the expenses of the Department of the Interior.

36:723 (words between 1st and 2d commas and between next-to-last and last commas).

In subsection (a)(1)(A), the words “chapters 33 and 51 and subchapter III of chapter 53 of title 5” are substituted for “the civil-service and classification laws” for clarity and consistency in the revised title and with other titles of the United States Code.

Amendments

2002—Pub. L. 107–155 renumbered section 510 of this title as this section.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–155, effective Nov. 6, 2002, see section 402 of Pub. L. 107–155, set out as an Effective Date of 2002 Amendment; Regulations note under section 431 of Title 2, The Congress.

§701. Findings

(2) Federal lands administered by Federal land management agencies contain valuable wildlife, scenery, natural and historic features, and other resources which may be damaged by litter and misuse;

(3) it is in the best interest of the United States and its citizens to maintain and preserve the beauty, safety, and availability of these Federal lands;

(4) these Federal land management agencies have been designated as the caretakers of these Federal lands and are responsible for maintaining and preserving those areas and facilities;

(5) there is great value in volunteer involvement in maintaining and preserving Federal lands for recreational use;

(6) the Federal land management agencies should be concerned with promoting a sense of pride and ownership among citizens toward these lands;

(7) the use of citizen volunteers in a national cleanup effort promotes these goals and encourages the thoughtful use of these Federal lands and facilities;

(8) the positive impact of annual cleanup events held at various recreation sites has already been proven by steadily declining levels of litter at these sites; and

(9) a national program for cleaning and maintaining Federal lands using volunteers will save millions of tax dollars.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1266.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

701

36:169i note.

Aug. 27, 1986, Pub. L. 99–402, §2, 100 Stat. 910.

In clause (2), the words “the several” are omitted as unnecessary.

§702. Definition

For purposes of this chapter, “Federal land management agency” includes—

(1) the Forest Service of the Department of Agriculture;

(2) the Bureau of Land Management of the Department of the Interior;

(3) the National Park Service of the Department of the Interior;

(4) the Fish and Wildlife Service of the Department of the Interior;

(5) the Bureau of Reclamation of the Department of the Interior; and

(6) the Army Corps of Engineers.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1267.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

702

36:169i–1(a)(2).

Aug. 27, 1986, Pub. L. 99–402, §4(a)(2), 100 Stat. 911.

§703. Duties of Federal land management agency

To observe Carl Garner Federal Lands Cleanup Day at the Federal level, each Federal land management agency shall organize, coordinate, and participate with citizen volunteers and State and local authorities in cleaning and providing for the maintenance of Federal public land, recreation areas, and waterways within the jurisdiction of the agency.

In this section, before clause (1), the word “county” is omitted as unnecessary. The word “authorities” is substituted for “agencies” for consistency in the revised title and with other titles of the United States Code.

CHAPTER 9—MISCELLANEOUS

Sec.

901.

Service flag and service lapel button.

902.

National League of Families POW/MIA flag.

903.

Designation of Medal of Honor Flag.

Amendments

§901. Service flag and service lapel button

(a) Individuals Entitled To Display Service Flag.—A service flag approved by the Secretary of Defense may be displayed in a window of the place of residence of individuals who are members of the immediate family of an individual serving in the Armed Forces of the United States during any period of war or hostilities in which the Armed Forces of the United States are engaged.

(b) Individuals Entitled To Display Service Lapel Button.—A service lapel button approved by the Secretary may be worn by members of the immediate family of an individual serving in the Armed Forces of the United States during any period of war or hostilities in which the Armed Forces of the United States are engaged.

(c) License To Manufacture and Sell Service Flags and Service Lapel Buttons.—Any person may apply to the Secretary for a license to manufacture and sell the approved service flag, or the approved service lapel button, or both. Any person that manufactures a service flag or service lapel button without having first obtained a license, or otherwise violates this section is liable to the United States Government for a civil penalty of not more than $1,000.

(d) Regulations.—The Secretary may prescribe regulations necessary to carry out this section.

In subsection (c), the text of 36:181 (1st sentence) is omitted as executed. The word “Thereafter” is omitted as obsolete. The words “is liable to the United States Government for a civil penalty of” are substituted for “shall, upon conviction thereof, be fined” for consistency in the revised title and with other titles of the United States Code.

§902. National League of Families POW/MIA flag

(a) Designation.—The National League of Families POW/MIA flag is designated as the symbol of our Nation's concern and commitment to resolving as fully as possible the fates of Americans still prisoner, missing, and unaccounted for in Southeast Asia, thus ending the uncertainty for their families and the Nation.

(b) Required Display.—The POW/MIA flag shall be displayed at the locations specified in subsection (d) of this section on POW/MIA flag display days. The display serves—

(1) as the symbol of the Nation's concern and commitment to achieving the fullest possible accounting of Americans who, having been prisoners of war or missing in action, still remain unaccounted for; and

(2) as the symbol of the Nation's commitment to achieving the fullest possible accounting for Americans who in the future may become prisoners of war, missing in action, or otherwise unaccounted for as a result of hostile action.

(c) Days for Flag Display.—(1) For purposes of this section, POW/MIA flag display days are the following:

(A) Armed Forces Day, the third Saturday in May.

(B) Memorial Day, the last Monday in May.

(C) Flag Day, June 14.

(D) Independence Day, July 4.

(E) National POW/MIA Recognition Day.

(F) Veterans Day, November 11.

(2) In addition to the days specified in paragraph (1) of this subsection, POW/MIA flag display days include—

(A) in the case of display at the World War II Memorial, Korean War Veterans Memorial, and Vietnam Veterans Memorial (required by subsection (d)(3) of this section), any day on which the United States flag is displayed;

(B) in the case of display at medical centers of the Department of Veterans Affairs (required by subsection (d)(7) of this section), any day on which the flag of the United States is displayed; and

(C) in the case of display at United States Postal Service post offices (required by subsection (d)(8) of this section), the last business day before a day specified in paragraph (1) that in any year is not itself a business day.

(d) Locations for Flag Display.—The locations for the display of the POW/MIA flag under subsection (b) of this section are the following:

(1) The Capitol.

(2) The White House.

(3) The World War II Memorial, the Korean War Veterans Memorial, and the Vietnam Veterans Memorial.

(4) Each national cemetery.

(5) The buildings containing the official office of—

(A) the Secretary of State;

(B) the Secretary of Defense;

(C) the Secretary of Veterans Affairs; and

(D) the Director of the Selective Service System.

(6) Each major military installation, as designated by the Secretary of Defense.

(7) Each medical center of the Department of Veterans Affairs.

(8) Each United States Postal Service post office.

(e) Coordination With Other Display Requirement.—Display of the POW/MIA flag at the Capitol pursuant to subsection (d)(1) of this section is in addition to the display of that flag in the Rotunda of the Capitol pursuant to Senate Concurrent Resolution 5 of the 101st Congress, agreed to on February 22, 1989 (103 Stat. 2533).

(f) Display To Be in a Manner Visible to the Public.—Display of the POW/MIA flag pursuant to this section shall be in a manner designed to ensure visibility to the public.

(g) Limitation.—This section may not be construed or applied so as to require any employee to report to work solely for the purpose of providing for the display of the POW/MIA flag.

In subsection (b), the text of section 1084(c) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190, 105 Stat. 1483) is omitted as executed.

Pub. L. 105–354

This amends section 902 of title 36 to reflect changes made by section 1082 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85, Nov. 18, 1997, 111 Stat. 1917, 36 App. U.S.C. 189a).

Section 1082(g) of that Act, which defined “POW/MIA flag” as used in section 1082 by reference to section 2 of Public Law 101–355, is unnecessary because the two provisions are restated together in section 902 of title 36.

Section 1082(h), which required that regulations be prescribed no later than 180 days after enactment of Public law 105–85, is repealed as executed.

Section 1082(i), which required that the Administrator of GSA procure and distribute POW/MIA flags no later than 30 days after enactment of Public Law 105–85, is repealed as executed.

Section 1082(j), which repealed section 1084 of Public Law 102–190 (previously restated as subsections (b) and (c) of section 902 of title 36), is repealed as executed.

Amendments

Subsec. (d)(3). Pub. L. 107–323, §2(a), substituted “The World War II Memorial, the Korean War Veterans Memorial, and the Vietnam Veterans Memorial” for “The Korean War Veterans Memorial and the Vietnam Veterans Memorial”.

1998—Subsecs. (b) to (g). Pub. L. 105–354 added subsecs. (b) to (g) and struck out former subsecs. (b) and (c) which read as follows:

“(b) Display.—The flag shall be displayed—

“(1) at each national cemetery and at the National Vietnam Veterans Memorial each year on Memorial Day and Veterans Day and on any day designated by law as National POW/MIA Recognition Day; and

“(2) on, or on the grounds of, the buildings containing the primary offices of the Secretaries of State, Defense, and Veterans Affairs, and the Director of the Selective Service System on any day designated by law as National POW/MIA Recognition Day.

“(c) Termination of Flag Display Requirement.—Subsection (b) of this section ceases to apply when the President decides that the fullest possible accounting has been made of all members of the Armed Forces and civilian employees of the United States Government who have been identified as prisoners of war or missing in action in Southeast Asia.”

Display on Existing Flagpole

Pub. L. 107–323, §2(c), Dec. 4, 2002, 116 Stat. 2788, provided that: “No element of the United States Government may construe the amendments made by this section [amending this section] as requiring the acquisition of [sic] erection of a new or additional flagpole for purposes of the display of the POW/MIA flag.”

§903. Designation of Medal of Honor Flag

(a) Designation.—The Secretary of Defense shall design and designate a flag as the Medal of Honor Flag. In selecting the design for the flag, the Secretary shall consider designs submitted by the general public.

(b) Presentation.—The Medal of Honor Flag shall be presented as specified in sections 3755, 6257, and 8755 of title 10 and section 505 of title 14.

References in Text

Sections 3755, 6257, and 8755 of title 10, referred to in subsec. (b), probably means the sections 3755, 6257, and 8755 of title 10 added by pars. (1)(A), (2)(A), and (3)(A), respectively, of section 8143(c) of Pub. L. 107–248.

Findings

“(1) the Medal of Honor is the highest award for valor in action against an enemy force which can be bestowed upon an individual serving in the Armed Forces of the United States;

“(2) the Medal of Honor was established by Congress during the Civil War to recognize soldiers who had distinguished themselves by gallantry in action;

“(3) the Medal of Honor was conceived by Senator James Grimes of the State of Iowa in 1861; and

“(4) the Medal of Honor is the Nation's highest military honor, awarded for acts of personal bravery or self-sacrifice above and beyond the call of duty.”

Presentation of Medal of Honor Flag

Pub. L. 107–248, title VIII, §8143(d), Oct. 23, 2002, 116 Stat. 1571, provided that: “The President shall provide for the presentation of the Medal of Honor Flag designated under section 903 of title 36, United States Code, as added by subsection (b), to each person awarded the Medal of Honor before the date of enactment of this Act [Oct. 23, 2002] who is living as of that date. Such presentation shall be made as expeditiously as possible after the date of the designation of the Medal of Honor Flag by the Secretary of Defense under such section.”

Section Referred to in Other Sections

This section is referred to in title 10 sections 3755, 6257, 8755; title 14 section 505.

Part B—United States Government Organizations Involved With Observances and Ceremonies

CHAPTER 21—AMERICAN BATTLE MONUMENTS COMMISSION

Sec.

2101.

Membership.

2102.

Employment of personnel.

2103.

Administrative.

2104.

Military cemeteries in foreign countries.

2105.

Monuments built by the United States Government.

2106.

War memorials not built by the United States Government.

2107.

National Memorial Cemetery of the Pacific.

2108.

Pacific War Memorial and other historical and memorial sites on Corregidor.

2109.

Foreign Currency Fluctuations Account.

2110.

Claims against the Commission.

2111.

Presidential duties and powers.

2112.

Care and maintenance of Surrender Tree site.

2113.

World War II memorial in the District of Columbia.

2114.

Intellectual property and related items.

Amendments

§2101. Membership

(a) Composition and Terms.—The American Battle Monuments Commission has not more than 11 members appointed by the President. The President also shall appoint one officer of the Regular Army to serve as secretary of the Commission. The members and secretary serve at the pleasure of the President. The President shall fill any vacancies that occur. Notwithstanding any other law, members of the Armed Forces may be appointed members of the Commission.

(b) Pay and Expenses.—The members of the Commission serve without compensation. However, the members of the Commission may receive, from an amount appropriated to carry out this chapter or acquired by another authorized way—

(1) their actual expenses related to the work of the Commission;

(2) when in a travel status outside the continental United States, a per diem at the rate authorized to be paid for members of the uniformed services under section 405 of title 37 instead of subsistence; and

(3) when in a travel status in the continental United States, a per diem at the rate authorized to be paid under sections 5702 and 5703 of title 5 instead of subsistence.

(c) Expenses of Officers of Armed Forces Serving on Commission.—An officer of the Armed Forces serving as a member or as secretary of the Commission may be reimbursed for expenses when traveling on business of the Commission in the same way as civilian members of the Commission.

In subsection (a), the words “from time to time” are omitted as unnecessary.

In subsection (b), before clause (1), the text of 36:121 (last par.) is omitted as executed. In clauses (2) and (3), the word “same” is omitted as unnecessary. In clause (2), the words “authorized to be paid” are substituted for “prescribed” for consistency with clause (3) and 37:405.

Subsection (c) is based on 36:122 which is from the 2d proviso in the paragraph under the heading “American Battle Monuments Commission” in title III of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (Public Law 104–204, 110 Stat. 2907). The provision has been repeated each year in prior appropriations acts and therefore is restated as a permanent provision. For prior provisions, see citations under 36:122 (1994 ed.). In the restatement, the words “in the same way as” are substituted for “as provided for” for clarity and consistency in the revised title.

Amendments

§2102. Employment of personnel

(a) General.—Within the limits of an appropriation made to employ personnel, the American Battle Monuments Commission may employ personnel necessary to carry out this chapter. To ensure adequate care and maintenance of cemeteries, monuments, and memorials, the Commission, subject to the availability of appropriations, shall employ—

(1) at least 50 individuals in the competitive service (as defined in section 2102 of title 5), of whom at least 43 shall be assigned to duty in foreign countries where the cemeteries, monuments, and memorials are located; and

(2) at least 348 individuals who are citizens of the countries where the cemeteries, monuments, and memorials are located.

(b) Detailed Personnel.—On request of the Commission, the heads of departments, agencies, and instrumentalities of the United States Government may make available to the Commission their personnel and facilities to assist in carrying out this chapter, and may expend for that purpose amounts appropriated to the department, agency, and instrumentality. The Commission shall reimburse the department, agency, or instrumentality for the pay and allowances of personnel made available to the Commission.

(c) Station Allowance for Officers Assigned to the Commission.—For officers of the Armed Forces assigned to the Commission, the same station allowance shall be authorized for serving at foreign stations as the Secretary of the Army has authorized for officers of the Army.

(d) Citizenship Requirement.—An individual may be employed as the superintendent, or as an assistant superintendent, of a cemetery operated by the Commission only if the individual is a citizen of the United States.

In subsection (a) before clause (1), the words “or appropriations” are omitted because of 1:1. The words “further” and “under the jurisdiction of the Commission” are omitted as unnecessary. In clause (2), the words “who shall be hired for local employment relating to the care and maintenance of such cemeteries, monuments, and memorials” are omitted as unnecessary.

Subsections (b) and (c) are based in part on 36:121b and 122a, which are from the first and last provisos in the paragraph under the heading “American Battle Monuments Commission” in title III of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (Public Law 104–204, 110 Stat. 2907). The provisions have been repeated each year in prior appropriations acts and therefore are restated as permanent provisions. For prior provisions, see citations under 36:121b and 122a (1994 ed.).

In subsection (b), the words “departments, agencies, and instrumentalities” are substituted for “departments or agencies” and “departments, agencies, and services” in 36:121 and “agencies” in 36:122a for consistency in the revised title and with other titles of the United States Code. The words “or of the Army, Navy, Air Force, or Marine Corps” in 36:121 and “including the Armed Forces” in 36:122a are omitted as included in “department, agency, or instrumentality”. The words “as the case may be” in 36:121 are omitted as unnecessary. The word “salary” in 36:122a is omitted as included in “pay”.

In subsection (c), the words “Secretary of the Army” are substituted for “Department of the Army” because of 10:3013(a)(1).

Pub. L. 105–354

Amendments

1998—Subsec. (b). Pub. L. 105–354 substituted “personnel made available to the Commission” for “designated personnel”.

§2103. Administrative

(a) General Authority.—Subject to appropriations made to carry out this chapter, the American Battle Monuments Commission may—

(1) acquire land or an interest in land in a foreign country to carry out the purposes of this chapter, or an executive order conferring duties and powers on the Commission, without submission to the Attorney General under section 3111 of title 40;

(2) maintain, repair, and operate motor-propelled passenger-carrying vehicles and other property that another department, agency, or instrumentality of the United States Government provides to the Commission;

(3) establish offices in the District of Columbia and elsewhere in or outside the United States;

(4) rent office and garage space, which may be paid for in advance, in foreign countries; and

(5) procure printing, binding, engraving, lithographing, photographing, and typewriting, including the publication of information on United States activities, battlefields, memorials, and cemeteries with respect to which the Commission may exercise any duties and powers.

(b) Disposition of Land.—Under conditions and in the manner the Commission decides is proper, the Commission may dispose of land or an interest in land in a foreign country that the Commission acquires in connection with its work.

(c) Contracting Out.—Notwithstanding the requirements of existing laws or regulations, the Commission, under conditions the Commission decides are necessary and proper, may contract for work, supplies, materials, and equipment outside or for use outside the United States and engage the services of architects and other technical and professional personnel.

(d) Delegation.—Under conditions the Commission may prescribe, the Commission may delegate to its Chairman, secretary, or officials in charge of any of its offices any of its authority it considers necessary and proper.

(e) Solicitation and Receipt of Contributions.—(1) The Commission may solicit and receive funds and in-kind donations and gifts from any State, municipal, or private source to carry out the purposes of this chapter. The Commission shall deposit such funds in a separate account in the Treasury. Funds from that account shall be disbursed upon vouchers approved by the Chairman of the Commission.

(2) The Commission shall establish written guidelines setting forth the criteria to be used in determining whether the acceptance of funds and in-kind donations and gifts under paragraph (1) would—

(A) reflect unfavorably on the ability of the Commission, or any member or employee of the Commission, to carry out the responsibilities or official duties of the Commission in a fair and objective manner; or

(B) compromise the integrity or the appearance of the integrity of the programs of the Commission or any official involved in those programs.

(f) Limitation on Use of Contributions.—The Commission may not obligate, withdraw, or expend amounts received as contributions before March 1, 1998.

(g) Statements to President.—The Commission shall transmit to the President on October 1 of each year a statement of all its financial and other transactions during the prior fiscal year.

(h) Financial Statements and Audits.—(1) The Commission shall have a system of financial controls to enable the Commission to comply with the requirements of paragraph (2) of this subsection and with section 2106(d)(4) of this title.

(2) The Commission shall—

(A) by March 1 of each year (beginning with 1998)—

(i) prepare a financial statement which covers all accounts and associated activities of the Commission for the prior fiscal year and is consistent with the requirements of section 3515 of title 31; and

(ii) submit the financial statement, together with a narrative summary, to the Committees on Veterans’ Affairs of the Senate and House of Representatives; and

(B) obtain an audit by the Comptroller General of each financial statement prepared under subparagraph (A) of this paragraph, which shall be conducted in accordance with applicable generally accepted government auditing standards and shall be in lieu of any audit otherwise required by law.

(i) Disposition of Records and Archives.—When no longer required by the Commission, the records and archives of the Commission shall be deposited with the National Archives in accordance with section 2107 of title 44.

(j) Seal.—The Commission shall have a seal that shall be judicially noticed.

(k) Disbursements Outside Continental United States.—Disbursements for expenditures outside the continental United States may be made by a special disbursing agent designated by the Commission under regulations it prescribes.

In this section, the word “terms” is omitted as included in “conditions”.

In subsection (a), before clause (1), the words “or appropriations” are omitted because of 1:1. In clauses (1) and (5), the words “duties and powers” are substituted for “functions” for consistency in the revised title and with other titles of the United States Code. In clause (2), the words “department, agency, or instrumentality” are substituted for “departments” for consistency in the revised title and with other titles of the Code.

In subsection (b), the text of 36:137 is omitted as superseded. The words “which has been or may after June 26, 1946, be” and “Provided, That this subsection shall not be effective until the expiration of the Surplus Property Act of 1944” are omitted as obsolete. Section 38 of the Surplus Property Act of 1944 (ch. 479, 58 Stat. 784) provided that the Act was to expire 3 years after the cessation of hostilities of World War II. The cessation of hostilities was proclaimed on December 31, 1946, by Proclamation No. 2714, 12 Fed. Reg. 1. However, section 602(a)(1) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 399) [renumbered by section 6(a) and (b) of the Act of September 5, 1950 (ch. 849, 64 Stat. 583)] repealed the Surplus Property Act of 1944 effective July 1, 1949 (except for sections 13(d), (g), and (h), 28, and 32(b)(2)). Section 13(d), concerning power transmission lines, and section 13(g), concerning property for public airports, do not involve the American Battle Monuments Commission. Section 13(h) was repealed by section 2 of the Act of August 4, 1972 (Public Law 92–362, 86 Stat. 504). Section 28 was repealed by section 21 of the Act of June 25, 1948 (ch. 645, 62 Stat. 868). Section 32(b)(2) was repealed by section 111(a)(1) of the Mutual Educational and Cultural Exchange Act of 1961 (Public Law 87–256, 75 Stat. 538).

In subsection (c), the words “in its discretion”, “by contract or otherwise”, and “firms of architects” are omitted as unnecessary.

Subsec. (e). Pub. L. 106–117, §602, amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: “The Commission may receive State, local, or private amounts to carry out this chapter. The Commission shall deposit the amounts with the Treasurer of the United States. The Treasurer shall keep the amounts in separate accounts and shall disburse the amounts on vouchers approved by the chairman.”

Section Referred to in Other Sections

This section is referred to in sections 2106, 2113 of this title.

§2104. Military cemeteries in foreign countries

When, as a result of combat operations, the Armed Forces establish military cemeteries in zones of operations outside the United States and the territories and possessions of the United States, the American Battle Monuments Commission and the Secretary of the Army, immediately on the cessation of hostilities, shall decide which of the cemeteries will become permanent cemeteries or, if they decide it is desirable, shall select new sites for the cemeteries at any other location. The Commission is solely responsible for the design and construction of the permanent cemeteries, and of all buildings, plantings, headstones, and other permanent improvements incidental to the cemeteries, except that—

(1) the Armed Forces are responsible for maintaining the permanent cemeteries until the Commission declares its readiness to assume the authorized administrative duties and powers;

(2) all construction undertaken by the Armed Forces in establishing and maintaining the cemetery prior to its transfer to the Commission shall be nonpermanent;

(3) burials and reburials by the Armed Forces shall be carried out in accordance with plans prepared by the Commission; and

(4) the Armed Forces have the right to re-enter a cemetery transferred to the Commission to exhume or re-inter a body if they decide it is necessary.

In this section, before clause (1), the words “so established, if any” are omitted as unnecessary. In clause (1), the words “such time as” are omitted as unnecessary. The words “duties and powers” are substituted for “functions” for consistency in the revised title and with other titles of the United States Code. In clause (2), the words “in nature” are omitted as unnecessary.

§2105. Monuments built by the United States Government

(a) Memorials.—The American Battle Monuments Commission shall prepare plans and estimates to build suitable memorials commemorating the service of American Armed Forces, and shall build and maintain memorials in the United States and, as the Commission decides, at any place outside the United States where the Armed Forces have served since April 6, 1917.

(b) Architecture and Art.—The Commission shall build and maintain works of architecture and art in United States cemeteries located outside the United States and the territories and possessions of the United States that are permanent cemeteries. The Secretary of Veterans Affairs shall maintain works of architecture and art built by the Commission in the National Cemetery Administration, as described in section 2400(b) of title 38.

(c) Control and Supervision of Materials, Design, and Building.—(1) The Commission shall control the materials and design and prescribe regulations for, and supervise the building of, all memorial monuments and buildings in United States cemeteries located outside the United States and the territories and possessions of the United States.

(2) The Commission shall control the design and prescribe regulations for the building of all memorial monuments and buildings commemorating the service of American Armed Forces that are built in a foreign country or political division of the foreign country that authorizes the Commission to carry out those duties and powers.

(d) Approval by National Commission of Fine Arts.—A design for a memorial must be approved by the National Commission of Fine Arts before the Commission can accept it.

In subsections (a) and (c)(2), the word “American” is omitted as unnecessary.

In subsection (a), the words “or shall hereafter serve” are omitted as obsolete.

In subsection (b), the words “Secretatry of Veterans Affairs” are substituted for “Department of Defense”, and the words “the National Cemetery System, as described in section 2400(b) of title 38” are substituted for “cemeteries within the United States, its Territories and possessions”, because of section 6 of the National Cemeteries Act of 1973 (Public Law 93-43, 38 U.S.C. 2404 note), which transferred jurisdiction over and responsibility for the national cemeteries (with certain exceptions) from the Secretary of the Army to the Administrator of Veterans’ Affairs.

In subsection (c)(2), the words “duties and powers” are substituted for “functions” for consistency in the revised title and with other titles of the United States Code.

Amendments

§2106. War memorials not built by the United States Government

(a) Cooperation With Others.—The American Battle Monuments Commission may cooperate with citizens of the United States, States, municipalities, or associations desiring to build war memorials outside the continental limits of the United States in the way the Commission decides. An administrative agency of the United States Government may give assistance to build the memorial only if a plan for the memorial has been approved under this chapter.

(b) Control, Administration, and Maintenance of War Memorials.—(1) The Commission may assume responsibility for the control, administration, and maintenance of any war memorial built outside the United States by a citizen of the United States, a State, a political subdivision of a State, a governmental authority (except a department, agency, or instrumentality of the United States Government), a foreign agency, or a private association to commemorate the services of any of the Armed Forces in hostilities occurring since April 6, 1917, if—

(A) the memorial is not built on the territory of the applicable former enemy; and

(B) the sponsors of the memorial consent to the Commission assuming those responsibilities and transfer to the Commission all their rights and interests in the memorial.

(2) If reasonable effort fails to locate the sponsors of a memorial, the Commission may assume responsibility for the memorial under this subsection by agreement with the appropriate foreign authorities. A decision of the Commission to assume responsibility for a war memorial under this subsection is final.

(3) Sponsors of a war memorial for which the Commission assumes responsibility under this subsection may transfer amounts accumulated to maintain and repair the memorial to the Commission for use in carrying out this chapter. Except as provided in subsection (c) of this section, the Commission shall deposit transferred amounts as provided in section 2103(e) of this title.

(c) Arrangements for Repair or Long-Term Maintenance of Memorials.—In assuming responsibility for a war memorial under subsection (b)(1) or (2) of this section, the Commission may arrange with the sponsors of the memorial to provide for repair or long-term maintenance of the memorial. An amount transferred to the Commission for the purpose of this subsection shall be deposited by the Commission in the fund established under subsection (d) of this section.

(d) Fund for Arrangements for Repair or Long-Term Maintenance of Memorials.—(1) There is a fund in the Treasury that is available to the Commission for expenses of repair and long-term maintenance of memorials for which the Commission has made arrangements under subsection (c) of this section. The fund consists of—

(A) amounts deposited into, and interest and proceeds credited to, the fund under paragraph (2) of this subsection; and

(B) obligations obtained under paragraph (3) of this subsection.

(2) The Commission shall deposit into the fund the amounts that are accepted under subsection (c) of this section. The Secretary of the Treasury shall credit to the fund the interest on, and the proceeds from the sale or redemption of, obligations held in the fund.

(3) The Secretary shall invest any part of the fund that the Commission decides is not required to meet current expenses. Each investment shall be made in an interest-bearing obligation of the United States Government, or an obligation that has its principal and interest guaranteed by the Government, that the Commission decides has a maturity suitable for the fund.

(4) The Commission shall separately account for all amounts deposited in and expended from the fund for each war memorial for which an arrangement for repair or long-term maintenance is made under subsection (c) of this section.

(e) Demolition of War Memorial Built in a Foreign Country and Disposition of Site.—The Commission may take necessary action to demolish any war memorial built outside the United States by a citizen of the United States, a State, a political subdivision of a State, a governmental authority (except a department, agency, or instrumentality of the United States Government), a foreign agency, or a private association and to dispose of the site of the memorial in a way the Commission decides is proper, if—

(1) the appropriate foreign authorities agree to the demolition; and

(2)(A) the sponsor of the memorial consents to the demolition; or

(B) the memorial has fallen into disrepair and a reasonable effort by the Commission has failed—

(i) to persuade the sponsor to maintain the memorial at a standard acceptable to the Commission; or

In subsections (b), (c), and (e), the text of 36:125(d) is omitted as unnecessary.

In subsection (b)(1), before clause (A), the words “in its discretion” and “before, on, or after the effective date of this subsection” are omitted as unnecessary. The words “governmental authority (except a department, agency, or instrumentality of the United States Government)” are substituted for “non-Federal governmental agency” for consistency in the revised title and with other titles of the United States Code. In clause (B), the word “title” is omitted as included in “rights”.

Maintenance and Repair of Pacific Battle Monuments

“(a) Authority.—The Commandant of the Marine Corps may provide necessary minor maintenance and repairs to the Pacific battle monuments until such time as the Secretary of the American Battle Monuments Commission and the Commandant of the Marine Corps agree that the repair and maintenance will be performed by the American Battle Monuments Commission.

“(b) Funding.—Of the amounts authorized to be appropriated to the Marine Corps for operation and maintenance in a fiscal year, not more than $15,000 may be made available to repair and maintain Pacific battle monuments, except that of the amounts available to the Marine Corps for operation and maintenance in fiscal year 1994, $150,000 may be made available to repair and relocate a monument located on Iwo Jima commemorating the heroic efforts of United States military personnel during World War II.”

Section Referred to in Other Sections

This section is referred to in section 2103 of this title.

§2107. National Memorial Cemetery of the Pacific

With the consent of the Secretary of Veterans Affairs, the American Battle Monuments Commission may build works of architecture and art in the National Memorial Cemetery of the Pacific.

The words “Secretary of Veterans Affairs” are substituted for “Secretary of the Army” because of section 6 of the National Cemeteries Act of 1973 (Public Law 93-43, 38 U.S.C. 2404 note), which transferred jurisdiction over and responsibility for the national cemeteries (with certain exceptions) from the Secretary of the Army to the Administrator of Veterans’ Affairs. The words “as may be determined by the Commission” are omitted as unnecessary.

§2108. Pacific War Memorial and other historical and memorial sites on Corregidor

(a) General.—After an agreement is made between the Government of the Republic of the Philippines and the United States Government, the American Battle Monuments Commission shall restore, operate, and maintain the Pacific War Memorial and other historical and memorial sites on Corregidor.

(b) Personnel.—The Commission may employ necessary personnel to carry out this section.

(c) Use of Other Departments, Agencies, and Instrumentalities.—Departments, agencies, and instrumentalities of the United States Government may assist the Commission, on a reimbursable basis, in carrying out this section.

(d) Authority To Solicit Contributions.—To carry out this section, the Commission may solicit and accept private contributions and shall deposit the contributions in the fund established by subsection (f) of this section.

(e) Use of Private Amounts.—The Commission shall carry out this section with private amounts except to the extent amounts are appropriated under subsection (g) of this section.

(f) Fund.—(1) There is a fund in the Treasury that is available to the Commission only to carry out this section. The fund consists of—

(A) amounts deposited into, and interest and proceeds credited to, the fund under paragraph (2) of this subsection; and

(B) obligations obtained under paragraph (3) of this subsection.

(2) The Chairman of the Commission shall deposit into the fund the amounts that are accepted under subsection (d) of this section. The Secretary of the Treasury shall credit to the fund the interest on, and the proceeds from the sale or redemption of, obligations held in the fund.

(3) The Secretary shall invest any part of the fund that the Chairman decides is not required to meet current expenses. Each investment shall be made in an interest-bearing obligation of the United States Government, or an obligation that has its principal and interest guaranteed by the Government, that the Chairman decides has a maturity suitable for the fund.

(4) Amounts in the fund exceeding the cost of carrying out this section, as decided by the Chairman, shall be deposited in the Treasury as miscellaneous receipts to reimburse the United States Government for amounts appropriated under subsection (g) of this section.

(g) Authorization of Appropriations.—There are authorized to be appropriated—

(1) $6,000,000 for site preparation, design, planning, construction, and associated administrative costs for the restoration of the Memorial and other historical and memorial sites referred to in subsection (a) of this section; and

(2) amounts necessary to operate and maintain the Memorial and those other historical and memorial sites.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1274.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

2108(a)

36:125b(a), (b).

Nov. 18, 1988, Pub. L. 100–687, title XVI, §1602, 102 Stat. 4137.

2108(b)

36:125b(c).

2108(c)

36:125b(d).

2108(d)

36:125b(f).

2108(e)

36:125b(e).

2108(f)

36:125b(g).

2108(g)

36:125b(h).

§2109. Foreign Currency Fluctuations Account

(a) Establishment and Purpose.—There is an account in the Treasury known as the “Foreign Currency Fluctuations, American Battle Monuments Commission, Account”. The Account shall be used to provide amounts, in addition to amounts appropriated for salaries and expenses of the Commission, to pay the cost of salaries and expenses that exceeds the amount appropriated for salaries and expenses because of fluctuations in currency exchange rates of foreign countries occurring after a budget request for the Commission is submitted to Congress. The Account may not be used for any other purpose.

(b) Increase in Permissible Obligations of Amounts.—A provision of law limiting the amounts the Commission may obligate in a fiscal year shall be increased to the extent necessary to reflect fluctuations in exchange rates from those used in preparing the budget submission.

(c) Transferred Amounts.—(1) Amounts in the Account may be transferred to amounts appropriated for salaries and expenses of the Commission. Transferred amounts shall be merged with, and are available for the same time period as, the appropriation to which they are applied.

(2) Amounts transferred from the Account may be transferred back—

(A) if the amounts are not needed to pay obligations incurred because of fluctuations in currency exchange rates of foreign countries in the appropriation to which the amounts were originally transferred; or

(B) because of subsequent favorable fluctuations in the rates or because other amounts are, or become, available to pay the obligations.

(3) Amounts transferred to an appropriation under this subsection may not be transferred back to the Account after the end of the 2d fiscal year after the fiscal year in which the appropriation was available for obligation.

(d) Recording of Obligations and Fluctuations in Exchange Rates.—An obligation of the Commission payable in the currency of a foreign country may be recorded as an obligation based on exchange rates used in preparing a budget submission. A change reflecting fluctuations in exchange rates may be recorded as a disbursement is made.

(e) Unobligated Balances.—The unobligated balance of an appropriation for salaries and expenses may be transferred to the Account not later than the end of the second fiscal year following the fiscal year for which the appropriation was made. The unobligated balance shall be merged with, and be available for the same period and purposes as, the Account.

(f) Annual Report.—The Commission each year shall submit to the appropriate committees of Congress a report on amounts transferred under this section.

(g) Authorization of Appropriations.—There is authorized to be appropriated $3,000,000 to the Account.

§2110. Claims against the Commission

A claim against the American Battle Monuments Commission that is similar to a claim described in section 2734 of title 10, that is based on damage to, or loss or destruction of, property, or personal injury or death of an individual, and that is caused by the negligent or wrongful act or omission of an officer or civilian employee of the Commission acting within the scope of the officer's or employee's office or employment, may be settled, decided, and paid as provided in section 2734 for the settlement of Army claims. However, the Secretary of the Army may appoint an officer or employee of the Commission to a claims commission or as an officer to approve settlements of claims made by the claims commission. All payments in settlement of a claim shall be made out of appropriations made to carry out this chapter.

The words “section 2734 of title 10” and “section 2734” are substituted for “the first section of the Act entitled ‘An Act to provide for the prompt settlement of claims for damages occasioned by Army, Navy, and Marine Corps forces in foreign countries’, approved January 2, 1942 (55 Stat. 880, as amended; 31 U.S.C. 224d)” and “such Act”, respectively, in section 12 (4th par.) of the Act of March 4, 1923 (ch. 283), as added by section 4(c)(3) of the Act of July 25, 1956 (ch. 721, 70 Stat. 642), because of section 49(b) of the Act of August 10, 1956 (ch. 1041, 70A Stat. 640). The 1942 law enacted former 31:224d, 224h, and 224i. Those sections subsequently were codified as 10:2734 and repealed by the Act of August 10, 1956 (ch. 1041, 70A Stat. 154, 672). The words “both real and personal” are omitted as unnecessary. The words “on or after July 25, 1956” are omitted as obsolete. The words “or commissions” are omitted because of 1:1. The words “settled, decided” are substituted for “considered, ascertained, adjusted, determined” to eliminate unnecessary words.

§2111. Presidential duties and powers

(a) Arrangements With Foreign Countries.—The President is requested to make the necessary arrangements with the proper authorities of the appropriate foreign countries to enable the American Battle Monuments Commission to carry out this chapter.

(b) Transfer of Administrative Duties and Powers and Supplies, Material, and Equipment to Commission.—(1) The President by executive order may transfer to the Commission—

(A) the same administrative duties and powers related to a permanent military cemetery located outside the United States and the territories and possessions of the United States that were transferred to the Commission by Executive Order 6614, February 26, 1934, and Executive Order 10057, May 14, 1949, as amended by Executive Order 10087, December 3, 1949; and

(B) supplies, material, and equipment located in the permanent military cemetery or in a military depot overseas that—

(i) the Department of Defense does not need; and

(ii) the Commission requests to carry out the duties and powers specified in clause (A) of this paragraph.

(2) After a transfer under this subsection, the Commission shall maintain the cemetery and all improvements in it.

In subsection (b)(1), the words “duties and powers” are substituted for “functions” for consistency in the revised title and with other titles of the United States Code.

References in Text

Executive Order 6614, referred to in subsec. (b)(1)(A), is not classified to the Code.

Executive Order 10057, referred to in subsec. (b)(1)(A), is set out below.

Ex. Ord. No. 9873. Administration of the Mexico City National Cemetery

Ex. Ord. No. 9873, July 16, 1947, 12 F.R. 4777, provided:

By virtue of the authority vested in me by section 12 of the act of March 4, 1923, as amended by the act of June 26, 1946, 60 Stat. 318 [now subsec. (b) of this section], and as President of the United States, it is hereby ordered as follows:

1. All functions of administration pertaining to the Mexico City National Cemetery, located in Mexico City, Calazada, Molchor, Ocampo 31, Mexico, DF, now vested in or exercised by the War Department, together with the field civilian personnel, records, supplies, equipment, and property of every kind pertaining thereto, are hereby transferred from the War Department to the American Battle Monuments Commission.

2. The unexpended balances of appropriations or allotments of appropriations which are now, or may become, available to the War Department for the performance of the functions transferred by this order shall be transferred to the American Battle Monuments Commission to such extent as the Director of the Bureau of the Budget may deem necessary.

Ex. Ord. No. 10057. Transfer of Certain Functions Pertaining to United States Military Cemeteries

By virtue of the authority vested in me by section 12 of the act of March 4, 1923, 42 Stat. 1509, as amended by the act of June 26, 1946, 60 Stat. 318 [now subsec. (b) of this section], and as President of the United States, it is hereby ordered as follows:

1. All functions of administration pertaining to World War II United States Military Cemeteries located in or near Cambridge, England; Margraten, the Netherlands; Hamm, Luxembourg; Henri-Chapelle, Belgium; Neuvilleen-Condroz, Belgium; St. Laurent, France; St. James, France; Epinal, France; St. Avold, France; Draguignan, France; Nettuno (Anzio), Italy; Florence, Italy; Tunis (Carthage), Tunisia; and Ft. McKinley, Philippine Islands, now vested in or exercised by the Secretary of the Army pursuant to the act of May 16, 1946, c. 261, 60 Stat. 182, as amended by the act of August 5, 1947, c. 497, 61 Stat. 779, together with (a) such supplies, equipment, temporary structures, utilities and facilities pertaining thereto as are located therein or are in depots or other places overseas under the jurisdiction of the American Graves Registration Service and are determined by the American Battle Monuments Commission to be required for the discharge of its responsibilities under this order, and (b) the cemetery records currently maintained for the operation of such cemeteries, including records pertinent to the acquisition of real estate upon which the cemeteries and their appurtenances are situated, are hereby transferred to the American Battle Monuments Commission; such transfer to become effective as to any particular cemetery or group of cemeteries upon the completion of the operational mission of the Department of the Army with respect to such cemetery or group of cemeteries, but in no instance later than December 31, 1951, or at such earlier date as may be determined by the President or the Congress pursuant to the said act of May 16, 1946, as amended by the act of August 5, 1947.

2. The Department of the Army shall have the right to re-enter any of such cemeteries subsequent to the effective date of the transfer of functions with respect thereto for the purpose of making exhumations or reinterments should any such action become necessary.

3. There shall be transferred to the American Battle Monuments Commission so much of the unexpended balances of appropriations now, or which may become, available to the Department of the Army for the performance of the functions transferred by the provisions of this order as the Director of the Bureau of the Budget may deem necessary for use prior to July 1, 1950, in connection with such functions.

Ex. Ord. No. 12115. Permanent American Cemetery in Republic of Panama

Ex. Ord. No. 12115, Jan. 19, 1979, 44 F.R. 4645, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including Section 10 of the Act of March 4, 1923 (42 Stat. 1509), as amended (36 U.S.C. 132) [now subsec. (b) of this section], and to implement the intent of the United States Senate (124 Cong. Rec. S3857 of March 16, 1978) as set forth by Reservations (1) and (3) to the Resolution of Ratification of the Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal, it is hereby ordered as follows:

1–101. The Secretary of State shall take all appropriate steps to complete, prior to the date of entry into force of the Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal, hereinafter referred to as the Neutrality Treaty, the negotiations which have begun with the Republic of Panama for an agreement under which the United States of America would, upon the date of entry into force of such agreement and thereafter, administer as a permanent American cemetery such part of Corozal Cemetery as encompasses the remains of citizens of the United States of America.

1–102. Subject to the conclusion of the agreement referred to in Section 1–101 of this Order, the American Battle Monuments Commission shall administer that part of Corozal Cemetery which encompasses the remains of citizens of the United States of America, in accordance with the terms of the agreement with the Republic of Panama.

1–103. The Governor of the Canal Zone shall, to the extent funds are available, disinter from Mount Hope Cemetery, before entry into force of the Neutrality Treaty, and reinter in Corozal Cemetery the remains of United States citizens, and the remains of members of their immediate family that are buried with them. The Governor shall not remove from Mount Hope Cemetery the remains of any such person whose next of kin timely requests in writing that such remains not be disinterred. The Governor shall transport to the United States for reinterment the remains of any such person whose next of kin timely requests in writing that such remains be transported to the United States for reinterment.

1–104. The Secretary of Defense shall, to the extent funds are available, disinter from Corozal Cemetery and transport to the United States for reinterment the remains of United States citizens, and the remains of members of their immediate family buried with them, whose next of kin requests in writing by April 1, 1982, that such remains be transported to the United States for reinterment.

1–105. Subject to the availability of funds, all the costs incurred in the disinterment, reinterment in Corozal Cemetery, and transportation of remains required by this Order, including the costs of preparation, cremation if requested, and a casket or urn, shall be borne by the United States of America. The costs of reinterment in the United States, including any costs for funeral home services, vaults, plots, or crypts, will be the responsibility of the next of kin making the request, except to the extent otherwise provided by law, including any unused specific entitlements available pursuant to statute.

1–106. (a) The Governor of the Canal Zone shall identify, to the extent feasible, the closest surviving next of kin of each deceased United States citizen buried in the Mount Hope and Corozal Cemeteries, and of such next of kin of each member of the immediate family that is buried with such United States citizen.

(b) The Governor shall provide notice to the next of kin of such deceased buried in Mount Hope Cemetery that the Government plans to remove the deceased to Corozal Cemetery unless the next of kin requests in writing, not later than three months after the first issuance of such notification, either that the remains not be removed from Mount Hope Cemetery, or that the remains be moved to, and reinterred in, the United States in a cemetery or other burial site designated by the next of kin.

(c) The Governor shall also provide notice to the next of kin of such deceased who are buried in Corozal Cemetery that the Government will disinter and transport such deceased to the United States for reinterment in a cemetery or other burial site designated by the next of kin, if the next of kin so requests in writing not later than April 1, 1982.

(d) The Governor shall publish the notices provided for in subsections (b) and (c) of this Section in appropriate newspapers, magazines and other periodicals, and utilize such other means of communicating with the next of kin that he finds to be practical and effective.

1–107. The Governor of the Canal Zone shall, before the entry into force of the Neutrality Treaty, fully advise the next of kin of all available options, and their implications, in those cases where a request has been made that remains not be removed from Mount Hope Cemetery.

1–108. The Secretary of the Army shall supervise the planned removal of the remains from Mount Hope Cemetery to Corozal Cemetery and shall ensure compliance with the wishes of any next of kin who, within the time specified in clause B(i) to the Third Reservation to the Neutrality Treaty, objects to such removal.

1–109. As used in this Order:

(a) “Next of kin” means the person whom the Governor of the Canal Zone determines to be the nearest living relative, by consanguinity or affinity, of a person buried at Mount Hope Cemetery or Corozal Cemetery.

(b) “Members of their immediate family” means the spouse, children, mother or father of the deceased United States citizen.

Jimmy Carter.

§2112. Care and maintenance of Surrender Tree site

The American Battle Monuments Commission is responsible for the care and maintenance of the Surrender Tree site in Santiago, Cuba.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1276.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

2112

36:123 note.

Aug. 13, 1957, Pub. L. 85–125, 71 Stat. 344.

The last sentence of the Act of August 13, 1957 (Public Law 85–125, 71 Stat. 344), is omitted as obsolete.

§2113. World War II memorial in the District of Columbia

(a) Solicitation and Acceptance of Contributions.—(1) Consistent with its authority under section 2103(e) of this title, the American Battle Monuments Commission shall solicit and accept contributions for the World War II memorial.

(2) In this section, the term “World War II memorial” means the memorial authorized by Public Law 103–32 (40 U.S.C. 8903 note) to be established by the Commission on Federal land in the District of Columbia or its environs to honor members of the Armed Forces who served in World War II and to commemorate the participation of the United States in that war.

(b) Creation of Memorial Fund.—(1) There is hereby created in the Treasury a fund for the World War II memorial, which shall consist of the following:

(C) The amount of surcharges paid to the Commission for the World War II memorial under the World War II 50th Anniversary Commemorative Coins Act (31 U.S.C. 5112 note).

(D) Amounts borrowed using the authority provided under subsection (d).

(E) Any funds received by the Commission under section 2114 of this title in exchange for use of, or the right to use, any mark, copyright or patent.

(2) The Chairman of the Commission shall deposit in the fund the amounts accepted as contributions under subsection (a). The Secretary of the Treasury shall credit to the fund the interest on, and the proceeds from sale or redemption of, obligations held in the fund.

(3) The Secretary of the Treasury shall invest any portion of the fund that, as determined by the Chairman, is not required to meet current expenses. Each investment shall be made in an interest-bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States that, as determined by the Chairman, has a maturity suitable for the fund.

(c) Use of Fund.—The fund shall be available to the Commission—

(1) for the expenses of establishing the World War II memorial, including the maintenance and preservation amount provided for in section 8906(b) of title 40;

(2) for such other expenses, other than routine maintenance, with respect to the World War II memorial as the Commission considers warranted; and

(3) to secure, obtain, register, enforce, protect, and license any mark, copyright, or patent that is owned by, assigned to, or licensed to the Commission under section 2114 of this title to aid or facilitate the construction of the World War II memorial.

(d) Special Borrowing Authority.—(1) To assure that groundbreaking, construction, and dedication of the World War II memorial are carried out on a timely basis, the Commission may borrow money from the Treasury of the United States in such amounts as the Commission considers necessary, but not to exceed a total of $65,000,000. Borrowed amounts shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the month in which the obligations of the Commission are issued. The interest payments on such obligations may be deferred with the approval of the Secretary, but any interest payment so deferred shall also bear interest.

(2) The borrowing of money by the Commission under paragraph (1) shall be subject to such maturities, terms, and conditions as may be agreed upon by the Commission and the Secretary, except that the maturities may not exceed 20 years and such borrowings may be redeemable at the option of the Commission before maturity.

(3) The obligations of the Commission shall be issued in amounts and at prices approved by the Secretary. The authority of the Commission to issue obligations under this subsection shall remain available without fiscal year limitation. The Secretary of the Treasury shall purchase any obligations of the Commission to be issued under this subsection, and for such purpose the Secretary of the Treasury may use as a public debt transaction of the United States the proceeds from the sale of any securities issued under chapter 31 of title 31. The purposes for which securities may be issued under such chapter are extended to include any purchase of the Commission's obligations under this subsection.

(4) Repayment of the interest and principal on any funds borrowed by the Commission under paragraph (1) shall be made from amounts in the fund. The Commission may not use for such purpose any funds appropriated for any other activities of the Commission.

(e) Treatment of Borrowing Authority.—In determining whether the Commission has sufficient funds to complete construction of the World War II memorial, as required by section 8906 of title 40, the Secretary of the Interior shall consider the funds that the Commission may borrow from the Treasury under subsection (d) as funds available to complete construction of the memorial, whether or not the Commission has actually exercised the authority to borrow such funds.

(f) Voluntary Services.—(1) Notwithstanding section 1342 of title 31, the Commission may accept from any person voluntary services to be provided in furtherance of the fund-raising activities of the Commission relating to the World War II memorial.

(2) A person providing voluntary services under this subsection shall be considered to be a Federal employee for purposes of chapter 81 of title 5, relating to compensation for work-related injuries, and chapter 171 of title 28, relating to tort claims. A volunteer who is not otherwise employed by the United States shall not be considered to be a Federal employee for any other purpose by reason of the provision of such voluntary service, except that any volunteer given responsibility for the handling of funds or the carrying out of a Federal function is subject to the conflict of interest laws contained in chapter 11 of title 18 and the administrative standards of conduct contained in part 2635 of title 5 of the Code of Federal Regulations.

(3) The Commission may provide for reimbursement of incidental expenses that are incurred by a person providing voluntary services under this subsection. The Commission shall determine those expenses that are eligible for reimbursement under this paragraph.

(4) Nothing in this subsection shall be construed to require any Federal employee to work without compensation or to allow the use of volunteer services to displace or replace any Federal employee.

(g) Treatment of Certain Contracts.—A contract entered into by the Commission for the design or construction of the World War II memorial is not a funding agreement as that term is defined in section 201 of title 35.

(h) Extension of Authority To Establish Memorial.—Notwithstanding section 8903(e) of title 40, the authority for the construction of the World War II memorial provided by Public Law 103–32 (40 U.S.C. 8903 note) expires on December 31, 2005.

References in Text

The World War II 50th Anniversary Commemorative Coins Act, referred to in subsec. (b)(1)(C) is Pub. L. 102–414, Oct. 14, 1992, 106 Stat. 2106, which is classified as a note under section 5112 of Title 31, Money and Finance.

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–178 effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees.

Effect of Repeal of Current Memorial Fund

Pub. L. 106–117, title VI, §601(c), Nov. 30, 1999, 113 Stat. 1578, provided that: “Upon the enactment of this Act [Nov. 30, 1999], the Secretary of the Treasury shall transfer amounts in the fund created by section 4(a) of Public Law 103–32 (40 U.S.C. 1003 note) [now 40 U.S.C. 8903 note] to the fund created by section 2113(b) of title 36, United States Code, as added by subsection (a).”

§2114. Intellectual property and related items

(a) Authority To Use and Register Intellectual Property.—The American Battle Monuments Commission may—

(1) adopt, use, register, and license trademarks, service marks, and other marks;

(2) obtain, use, register, and license the use of copyrights consistent with section 105 of title 17;

(3) obtain, use, and license patents; and

(4) accept gifts of marks, copyrights, patents, and licenses for use by the Commission.

(b) Authority To Grant Licenses.—The Commission may grant exclusive and nonexclusive licenses in connection with any mark, copyright, patent, or license for the use of such mark, copyright or patent, except to the extent the grant of such license by the Commission would be contrary to any contract or license by which the use of the mark, copyright, or patent was obtained.

(c) Enforcement Authority.—The Commission may enforce any mark, copyright, or patent by an action in the district courts under any law providing for the protection of such marks, copyrights, or patents.

(d) Legal Representation.—The Attorney General shall furnish the Commission with such legal representation as the Commission may require under subsection (c). The Secretary of Defense shall provide representation for the Commission in administrative proceedings before the Patent and Trademark Office and Copyright Office.

(e) Irrevocability of Transfers of Copyrights to Commission.—Section 203 of title 17 shall not apply to any copyright transferred in any manner to the Commission.

§2301. Establishment of the United States Holocaust Memorial Museum; functions

The United States Holocaust Memorial Museum (hereafter in this chapter referred to as the “Museum”) is an independent establishment of the United State 1 Government. The Museum shall—

(1) provide for appropriate ways for the Nation to commemorate the Days of Remembrance, as an annual, national, civic commemoration of the Holocaust, and encourage and sponsor appropriate observances of such Days of Remembrance throughout the United States;

(2) operate and maintain a permanent living memorial museum to the victims of the Holocaust, in cooperation with the Secretary of the Interior and other Federal agencies as provided in section 2306 of this title; and

(3) carry out the recommendations of the President's Commission on the Holocaust in its report to the President of September 27, 1979, to the extent such recommendations are not otherwise provided for in this chapter.

(Added Pub. L. 106–292, §1, Oct. 12, 2000, 114 Stat. 1030.)

Prior Provisions

A prior section 2301, Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1277, related to the establishment and purposes of the Holocaust Memorial Council, prior to the general amendment of this chapter by Pub. L. 106–292.

Transfer of Auditors West Building (Annex 3); Responsibility for Repairs and Alterations

“Notwithstanding any other provision of law, the Administrator of General Services (Administrator) shall transfer to the administrative jurisdiction of the Holocaust Memorial Council (Council), without consideration, the Auditors West Building (Annex 3) located at Raoul Wallenberg Place and Independence Avenue Southwest, Washington, District of Columbia.

“Prior to such transfer of jurisdiction to the Council, the Council shall agree to perform all necessary repairs and alterations to the Auditors West Building so as to renovate the exterior of the Auditors West Building in a manner consistent with preservation of the historic architecture of the building, and to preserve the structural integrity of the building. The Council, prior to such transfer, shall furnish to the Administrator, for his approval, a plan detailing the repairs and alterations proposed, dates for completion of the work, and funding availability.

“In the event the Council ceases to exist, administrative jurisdiction of the Auditors West Building (Annex 3) shall revert to the General Services Administration.”

§2302. Functions of the Council; membership

(a) In General.—The United States Holocaust Memorial Council (hereafter in this chapter referred to as the “Council”) shall be the board of trustees of the Museum and shall have overall governance responsibility for the Museum, including policy guidance and strategic direction, general oversight of Museum operations, and fiduciary responsibility. The Council shall establish an Executive Committee which shall exercise ongoing governance responsibility when the Council is not in session.

(b) Composition of Council; Appointment; Vacancies.—The Council shall consist of 65 voting members appointed (except as otherwise provided in this section) by the President and the following ex officio nonvoting members:

(1) One appointed by the Secretary of the Interior.

(2) One appointed by the Secretary of State.

(3) One appointed by the Secretary of Education.

Of the 65 voting members, five shall be appointed by the Speaker of the United States House of Representatives from among Members of the United States House of Representatives and five shall be appointed by the President pro tempore of the United States Senate upon the recommendation of the majority and minority leaders from among Members of the United States Senate. Any vacancy in the Council shall be filled in the same manner as the original appointment was made.

(c) Term of Office.—

(1) Except as otherwise provided in this subsection, Council members shall serve for 5-year terms.

(2) The terms of the five Members of the United States House of Representatives and the five Members of the United States Senate appointed during any term of Congress shall expire at the end of such term of Congress.

(3) Any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A member, other than a Member of Congress appointed by the Speaker of the United States House of Representatives or the President pro tempore of the United States Senate, may serve after the expiration of his term until his successor has taken office.

(d) Chairperson and Vice Chairperson; Term of Office.—The Chairperson and Vice Chairperson of the Council shall be appointed by the President from among the members of the Council and such Chairperson and Vice Chairperson shall each serve for terms of 5 years.

(e) Reappointment.—Members whose terms expire may be reappointed, and the Chairperson and Vice Chairperson may be reappointed to those offices.

(f) Bylaws.—The Council shall adopt bylaws to carry out its functions under this chapter. The Chairperson may waive a bylaw when the Chairperson decides that waiver is in the best interest of the Council. Immediately after waiving a bylaw, the Chairperson shall send written notice of the waiver to every voting member of the Council. The waiver becomes final 30 days after the notice is sent unless a majority of Council members disagree in writing before the end of the 30-day period.

(g) Quorum.—One-third of the members of the Council shall constitute a quorum, and any vacancy in the Council shall not affect its powers to function.

(h) Associated Committees.—Subject to appointment by the Chairperson, an individual who is not a member of the Council may be designated as a member of a committee associated with the Council. Such an individual shall serve without cost to the Federal Government.

(Added Pub. L. 106–292, §1, Oct. 12, 2000, 114 Stat. 1031.)

Prior Provisions

A prior section 2302, Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1277, related to the membership of the Holocaust Memorial Council, prior to the general amendment of this chapter by Pub. L. 106–292.

§2303. Compensation; travel expenses; full-time officers or employees of United States or Members of Congress

(a) In General.—Except as provided in subsection (b) of this section, members of the Council are each authorized to be paid the daily equivalent of the annual rate of basic pay in effect for positions at level IV of the Executive Schedule under section 5315 of title 5, for each day (including travel time) during which they are engaged in the actual performance of duties of the Council. While away from their homes or regular places of business in the performance of services for the Council, members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703 of title 5.

(b) Exception.—Members of the Council who are full-time officers or employees of the United States or Members of Congress shall receive no additional pay by reason of their service on the Council.

(Added Pub. L. 106–292, §1, Oct. 12, 2000, 114 Stat. 1032.)

Prior Provisions

A prior section 2303, Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1278, related to the Executive Director of the Holocaust Memorial Council, prior to the general amendment of this chapter by Pub. L. 106–292.

§2304. Administrative provisions

(a) Experts and Consultants.—The Museum may obtain the services of experts and consultants in accordance with the provisions of section 3109 of title 5, at rates not to exceed the daily equivalent of the annual rate of basic pay in effect for positions at level IV of the Executive Schedule under section 5315 of title 5.

(b) Authority To Contract.—The Museum may, in accordance with applicable law, enter into contracts and other arrangements with public agencies and with private organizations and persons and may make such payments as may be necessary to carry out its functions under this chapter.

(c) Assistance From Other Federal Departments and Agencies.—The Secretary of the Smithsonian Institution, the Library of Congress, and the heads of all executive branch departments, agencies, and establishments of the United States may assist the Museum in the performance of its functions under this chapter.

(d) Administrative Services and Support.—The Secretary of the Interior may provide administrative services and support to the Museum on a reimbursable basis.

(Added Pub. L. 106–292, §1, Oct. 12, 2000, 114 Stat. 1032.)

Prior Provisions

A prior section 2304, Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1278, related to gifts, bequests, and devises of property to the Holocaust Memorial Council, prior to the general amendment of this chapter by Pub. L. 106–292.

§2305. Staff

(a) Establishment of the Museum Director as Chief Executive Officer.—There shall be a director of the Museum (hereafter in this chapter referred to as the “Director”) who shall serve as chief executive officer of the Museum and exercise day-to-day authority for the Museum. The Director shall be appointed by the Chairperson of the Council, subject to confirmation of the Council. The Director may be paid with nonappropriated funds, and, if paid with appropriated funds shall be paid the rate of basic pay for positions at level IV of the Executive Schedule under section 5315 of title 5. The Director shall report to the Council and its Executive Committee through the Chairperson. The Director shall serve at the pleasure of the Council.

(b) Appointment of Employees.—The Director shall have authority to—

(1) appoint employees in the competitive service subject to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, relating to classification and general schedule pay rates;

(2) appoint and fix the compensation (at a rate not to exceed the rate of basic pay in effect for positions at level IV of the Executive Schedule under section 5315 of title 5) of up to three employees notwithstanding any other provision of law; and

(3) implement the decisions and strategic plan for the Museum, as approved by the Council, and perform such other functions as may be assigned from time-to-time by the Council, the Executive Committee of the Council, or the Chairperson of the Council, consistent with this legislation.

(Added Pub. L. 106–292, §1, Oct. 12, 2000, 114 Stat. 1032.)

Prior Provisions

A prior section 2305, Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1278, related to the establishment of the memorial museum, prior to the general amendment of this chapter by Pub. L. 106–292.

§2306. Insurance for Museum

The Museum shall maintain insurance on the memorial museum to cover such risks, in such amount, and containing such terms and conditions as the Museum deems necessary.

(Added Pub. L. 106–292, §1, Oct. 12, 2000, 114 Stat. 1033.)

Prior Provisions

A prior section 2306, Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1279, related to audits of the Holocaust Memorial Council, prior to the general amendment of this chapter by Pub. L. 106–292.

Section Referred to in Other Sections

This section is referred to in section 2301 of this title.

§2307. Gifts, bequests, and devises of property; tax treatment

The Museum may solicit, and the Museum may accept, hold, administer, invest, and use gifts, bequests, and devises of property, both real and personal, and all revenues received or generated by the Museum to aid or facilitate the operation and maintenance of the memorial museum. Property may be accepted pursuant to this section, and the property and the proceeds thereof used as nearly as possible in accordance with the terms of the gift, bequest, or devise donating such property. Funds donated to and accepted by the Museum pursuant to this section or otherwise received or generated by the Museum are not to be regarded as appropriated funds and are not subject to any requirements or restrictions applicable to appropriated funds. For the purposes of Federal income, estate, and gift taxes, property accepted under this section shall be considered as a gift, bequest, or devise to the United States.

Prior Provisions

§2308. Annual report

The Director shall transmit to Congress an annual report on the Director's stewardship of the authority to operate and maintain the memorial museum. Such report shall include the following:

(1) An accounting of all financial transactions involving donated funds.

(2) A description of the extent to which the objectives of this chapter are being met.

(3) An examination of future major endeavors, initiatives, programs, or activities that the Museum proposes to undertake to better fulfill the objectives of this chapter.

(4) An examination of the Federal role in the funding of the Museum and its activities, and any changes that may be warranted.

(Added Pub. L. 106–292, §1, Oct. 12, 2000, 114 Stat. 1033.)

Prior Provisions

A prior section 2308, Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1280, required the Executive Director to submit an annual report to Congress, prior to the general amendment of this chapter by Pub. L. 106–292.

§2309. Audit of financial transactions

Financial transactions of the Museum, including those involving donated funds, shall be audited by the Comptroller General as requested by Congress, in accordance with generally accepted auditing standards. In conducting any audit pursuant to this section, appropriate representatives of the Comptroller General shall have access to all books, accounts, financial records, reports, files and other papers, items or property in use by the Museum, as necessary to facilitate such audit, and such representatives shall be afforded full facilities for verifying transactions with the balances.

(Added Pub. L. 106–292, §1, Oct. 12, 2000, 114 Stat. 1034.)

Prior Provisions

A prior section 2309, Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1280, related to authorization of appropriations, prior to the general amendment of this chapter by Pub. L. 106–292.

§2310. Authorization of appropriations

To carry out the purposes of this chapter, there are authorized to be appropriated such sums as may be necessary. Notwithstanding any other provision of law, none of the funds authorized to carry out this chapter may be made available for construction. Authority to enter into contracts and to make payments under this chapter, using funds authorized to be appropriated under this chapter, shall be effective only to the extent, and in such amounts, as provided in advance in appropriations Acts.

(Added Pub. L. 106–292, §1, Oct. 12, 2000, 114 Stat. 1034.)

CHAPTER 25—PRESIDENT'S COMMITTEE ON EMPLOYMENT OF PEOPLE WITH DISABILITIES

Sec.

2501.

Acceptance of voluntary services and money or property.

2502.

Authorization of appropriations.

§2501. Acceptance of voluntary services and money or property

The President's Committee on Employment of People With Disabilities—

(1) notwithstanding section 1342 of title 31, may accept voluntary and uncompensated services; and

(2) may solicit, accept, use, and dispose of any money or property the Committee receives.

In clause (2), the words “in the name of the Committee”, “in furtherance of this resolution”, “real, personal, or mixed, tangible or nontangible”, and “by gift, devise, bequest, or otherwise” are omitted as unnecessary.

Pub. L. 105–354

This amends section 2501(2) of title 36 to reflect a change made by section 413 of the Workforce Investment Act of 1998 (Public Law 105–220, Aug. 7, 1998, 112 Stat. 1241).

Amendments

1998—Par. (2). Pub. L. 105–354 inserted “solicit,” before “accept,”.

§2502. Authorization of appropriations

(a) General.—Amounts necessary for the work of the President's Committee on Employment of People With Disabilities are authorized to be appropriated for the fiscal year ending September 30, 1997, to be expended in the manner and by agencies the President may direct.

(b) Uses.—Amounts appropriated under this section are to be used to carry out the purposes of the National Disability Employment Awareness Month and to enable the President to provide the Committee with adequate personnel to assist in its activities, and otherwise to provide the Committee with the means of carrying out a program to promote the employment of individuals with disabilities, by—

(1) creating interest throughout the United States in the rehabilitation and employment of such individuals; and

(2) obtaining and maintaining cooperation from all public and private groups in the field.

Part A—General

CHAPTER 101—GENERAL

Sec.

10101.

Audits.

10102.

Reservation of right to amend or repeal.

§10101. Audits

(a) General.—Except as otherwise provided, the financial statements of each corporation in part B of this subtitle shall be audited annually in accordance with generally accepted auditing standards by an independent certified public accountant or independent licensed public accountant, certified or licensed by a regulatory authority of a State or other political subdivision of the United States. The audit shall be conducted where the financial statements of the corporation normally are kept. The person conducting the audit shall be given access to—

(1) all records and property owned or used by the corporation necessary to facilitate the audit; and

(2) full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians.

(b) Report.—(1) The corporation shall submit a report of the audit to Congress not later than 6 months after the close of the fiscal year for which the audit is made. The report shall describe the scope of the audit and include—

(A) statements necessary to present fairly the corporation's assets, liabilities, and surplus or deficit, and an analysis of the changes in those amounts during the year;

(B) a statement in reasonable detail of the corporation's income and expenses during the year including the results of any trading, manufacturing, publishing, or other commercial-type endeavor; and

(C) the independent auditor's opinion of those statements.

(2) The report may not be printed as a public document, except as part of proceedings authorized to be printed under section 1332 of title 44.

In this section, the text of 36:1101 is omitted as unnecessary because of the addition of the words “Except as otherwise provided” in subsection (a) of this section. The text of 36:1166, 1213(a), and 5206(a) is omitted as unnecessary because of the restatement of 36:1102 and 1103 as general provisions covering, except as otherwise provided, all federally chartered corporations referred to in part B of subtitle II of the revised title. The text of 36:1084 (less (b) (2d sentence cl. (2))), 4315 (less (b) (2d sentence cl. (2))), 4514 (less (b) (2d sentence cl. (2))), and 4610 (less (b) (2d sentence cl. (2))) is omitted as unnecessary because of the restatement in this section of the general audit provisions of 36:1102 and 1103.

In subsection (a), before clause (1), the words “Except as otherwise provided” are added because certain corporations referred to in part B of subtitle II of the revised title are not covered by the audit requirements restated in the revised section. The words “at the place or places” and “or persons” are omitted as unnecessary. The words “financial statements” are substituted for “accounts” to use the generally accepted term for audits conducted by public accountants. The words “shall be given access to” are substituted for “shall be made available to” and “shall be afforded to” for consistency. In clause (1), the words “records and property owned or used by” are substituted for “books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by” for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words.

In subsection (b)(1)(B), the words “supplemented . . . by” and “carried on by the corporation” are omitted as unnecessary.

Termination of Reporting Requirements

With respect to corporations listed below, for termination, effective May 15, 2000, of reporting provisions in subsec. (b)(1) of this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and pages 196 through 208 of House Document No. 103–7.

Agricultural Hall of Fame

American Chemical Society

American Council of Learned Societies

American Ex-Prisoners of War

American Gold Star Mothers, Incorporated

American Historical Association

The American Legion

The American National Theater and Academy

The American Society of International Law

American Symphony Orchestra League

American War Mothers

AMVETS (American Veterans)

Army and Navy Union of the United States of America

Aviation Hall of Fame

Big Brothers-Big Sisters of America

Blinded Veterans Association

Blue Star Mothers of America, Inc.

Board For Fundamental Education

Boy Scouts of America

Boys & Girls Clubs of America

Catholic War Veterans of the United States of America, Incorporated

Civil Air Patrol

Congressional Medal of Honor Society of the United States of America

Daughters of Union Veterans of the Civil War 1861–1865

Disabled American Veterans

Former Members of Congress

The Foundation of the Federal Bar Association

Future Farmers of America

General Federation of Women's Clubs

Girl Scouts of the United States of America

Gold Star Wives of America

Italian American War Veterans of the United States

Jewish War Veterans of the United States of America, Incorporated

Jewish War Veterans, U.S.A., National Memorial, Incorporated

Ladies of the Grand Army of the Republic

Legion of Valor of the United States of America, Incorporated

Little League Baseball, Incorporated

Marine Corps League

The Military Chaplains Association of the United States of America

Military Order of the Purple Heart of the United States of America, Incorporated

National Academy of Public Administration

National Academy of Sciences

National Conference of State Societies, Washington, District of Columbia

National Conference on Citizenship

National Council on Radiation Protection and Measurements

National Federation of Music Clubs

National Fund for Medical Education

National Mining Hall of Fame and Museum

National Music Council

National Safety Council

National Ski Patrol System, Incorporated

National Society, Daughters of the American Colonists

The National Society of the Daughters of the American Revolution

National Society of the Sons of the American Revolution

National Tropical Botanical Garden

National Woman's Relief Corps, Auxiliary to the Grand Army of the Republic

The National Yoemen F

Naval Sea Cadet Corps

Navy Club of the United States of America

Navy Wives Clubs of America

Non Commissioned Officers Association of the United States of America, Incorporated

In subsection (a), the source provisions are restated as a general provision to avoid the need to repeat identical provisions. The words “but no contract or individual right made or acquired shall be divested or impaired” in 36:104 and “but no contract or individual right made or acquired shall thereby be divested or impaired” in 36:5311 are omitted as unnecessary and for consistency in the revised title.

Subsection (b) is added because the chapters referred to in subsection (b) restate laws which Congress did not expressly reserve the right to amend or repeal.

Part B—Organizations

Part Referred to in Other Sections

This part is referred to in section 10101 of this title; title 16 sections 583j–5, 3706; title 20 section 5509; title 25 section 458bbb.

CHAPTER 201—AGRICULTURAL HALL OF FAME

Sec.

20101.

Organization.

20102.

Purposes.

20103.

Membership.

20104.

Governing body.

20105.

Powers.

20106.

Restrictions.

20107.

Principal office.

20108.

Records and inspection.

20109.

Service of process.

20110.

Liability for acts of officers and agents.

20111.

Use of assets on dissolution or final liquidation.

§20101. Organization

(a) Federal Charter.—Agricultural Hall of Fame (in this chapter, the “corporation”) is a federally chartered corporation.

This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words.

§20102. Purposes

The purposes of the corporation are—

(1) to receive and maintain one or more funds and to use any part of the principal or interest only for charitable, scientific, literary, or educational purposes either directly or by contributing to organizations authorized to carry on similar activities;

(2) to honor farmers, farm women, farm leaders, teachers, scientists, inventors, governmental leaders, and other individuals who have helped make this Nation great by their outstanding contributions to the establishment, development, advancement, or improvement of agriculture in the United States;

(3) to perpetuate the memory of those individuals and record their contributions and achievements by the erection and maintenance of buildings and monuments as may be appropriate as a lasting memorial;

(4) to promote a greater sense of appreciation of the dignity and importance of agriculture, historically carried out through owner-operated farms, and the part it has played in developing those social, economic, and spiritual values which are essential in maintaining the free and democratic institutions of our Republic;

(5) to establish and maintain a library and museum for the collection and preservation for posterity of agricultural tools, implements, machines, vehicles, pictures, paintings, books, papers, documents, data, relics, mementos, artifacts, and other items relating to agriculture;

(6) to cooperate with other organizations interested in similar projects; and

(7) to engage in other activities appropriate to carry out its purposes.

In clause (1), the words “and apply the whole or”, “therefrom”, “thereof”, and “duly” and 36:973(A) (1st sentence) are omitted as unnecessary. The text of 36:973(A) (last sentence) is omitted as unnecessary.

In clause (2), the words “of America” are omitted as unnecessary.

In clause (3), the words “those individuals” are substituted for “such persons” for clarity. The word “edifices” is omitted as included in “buildings”. The word “deemed” is omitted as unnecessary.

In clause (4), the word “promote” is substituted for “foster, promote, and encourage” to eliminate redundant words.

In clause (7), the words “other activities appropriate to carry out its purposes” are substituted for “any and all activities incidental thereto or necessary, suitable, or proper for the accomplishment of any of the aforementioned purposes” for consistency in the revised title and to eliminate unnecessary words.

Section Referred to in Other Sections

This section is referred to in section 20106 of this title.

§20103. Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights, privileges, and designation of classes of members are as provided in the bylaws.

(b) Voting.—Each member given voting rights by the bylaws has one vote on each matter submitted to a vote at a meeting of the voting members. The vote may be cast in the manner provided in the bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1284.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20103

36:976.

Aug. 31, 1960, Pub. L. 86–680, §6, 74 Stat. 575.

In subsection (a), the words “are as provided in the bylaws” are substituted for “shall . . . be determined as the bylaws of the corporation may provide” to eliminate unnecessary words.

In subsection (b), the words “the right to” are omitted as unnecessary.

§20104. Governing body

(a) Board of Governors.—(1) The board of governors is the governing body of the corporation. Between meetings of the members of the corporation, the board is responsible for the general policies and program of the corporation and for the control of all funds of the corporation.

(2) The number of governors, their manner of selection (including the filling of vacancies), and their term of office are as provided in the bylaws. However, the board shall have at least 15 members.

(3) The board may appoint committees. Each committee has the powers provided in the bylaws or by resolution of the board. The powers of a committee may include all the powers of the board.

(b) Officers.—(1) The officers of the corporation are a president, one or more one vice presidents as provided in the bylaws, a secretary, a treasurer, one or more assistant secretaries and assistant treasurers, and other officers as provided in the bylaws.

(2) The manner of election, term of office, and duties of the officers are as provided in the bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1284.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20104(a)

36:977.

Aug. 31, 1960, Pub. L. 86–680, §§7, 8, 74 Stat. 575.

20104(b)

36:978.

In subsection (a), the text of 36:977(a) is omitted as executed and obsolete. In paragraph (3), the words “and exercise” are omitted as unnecessary.

§20105. Powers

The corporation may—

(1) adopt and amend bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, agents, and employees as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property; and

(7) sue and be sued.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1285.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20105

36:974(2)–(9).

Aug. 31, 1960, Pub. L. 86–680, §§4(2)–(9), 17, 74 Stat. 574, 577.

36:987.

In this section, the text of 36:987 is omitted as executed and obsolete.

In clause (1), the words “and alter” are omitted as unnecessary.

In clause (2), the word “use” is omitted as unnecessary.

In clause (4), the words “make contracts” are substituted for “contract and be contracted with” to eliminate unnecessary words.

Clause (5) is substituted for “take by lease, gift, purchase, grant, devise, or bequest from any private corporation, association, partnership, firm, or individual and to hold any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation” in 36:974(7) and “transfer, convey, lease, sublease, encumber and otherwise alienate real, personal or mixed property” in 36:974(8) for consistency in the revised title and to eliminate unnecessary words. The words “subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State” in 36:974(7) are omitted as unnecessary.

In clause (6), the words “issue instruments of indebtedness, and secure its obligations by granting security interests in its property” are substituted for “issue bonds therefor, and secure the same by mortgage, deed of trust, pledge or otherwise” for consistency in the revised title and to eliminate unnecessary words. The words “for the purposes of the corporation” and “subject in every case to all applicable provisions of Federal and State laws” are omitted as unnecessary.

In clause (7), the words “complain and defend in any court of competent jurisdiction” are omitted as unnecessary.

§20106. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a governor, officer, employee, or member as such may not contribute to, support, or assist a political party or candidate for public office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a governor, officer, or member as such during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of compensation to an officer or employee in an amount approved by the board of governors.

(d) Loans.—The corporation may not make a loan or advance to a governor, officer, employee, or member. Governors who vote for or assent to making a loan or advance to a governor, officer, employee, or member, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

(e) Contributions to Certain Organizations.—None of the principal or interest of a fund referred to in section 20102(1) of this title may be contributed to an organization if—

(1) a substantial part of its activities is carrying on propaganda or attempting to influence legislation; or

(2) any part of its net earnings benefits a private shareholder or individual.

In subsection (a), the words “any shares of” are omitted as unnecessary.

In subsection (d), the words “or advance” are added in 2 places for consistency in the subsection.

§20107. Principal office

The principal office of the corporation shall be in Kansas City, Kansas, or another place decided by the board of governors. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted throughout the States, territories, and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1285.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20107

36:975(a).

Aug. 31, 1960, Pub. L. 86–680, §5(a), 74 Stat. 574.

The word “various” is omitted as unnecessary.

§20108. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of governors, and committees having any of the authority of its board of governors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20108(a)

36:983 (1st sentence).

Aug. 31, 1960, Pub. L. 86–680, §13, 74 Stat. 576.

20108(b)

36:983 (last sentence).

The word “records” is substituted for “books and records” for consistency in the revised title and with other titles of the United States Code.

§20109. Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent is notice to or service on the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20109

36:975(b).

Aug. 31, 1960, Pub. L. 86–680, §5(b), 74 Stat. 575.

§20110. Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20110

36:981.

Aug. 31, 1960, Pub. L. 86–680, §11, 74 Stat. 576.

§20111. Use of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets of the corporation remaining after the discharge of all liabilities shall be distributed as provided by the board of governors, but in compliance with the charter and bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20111

36:985.

Aug. 31, 1960, Pub. L. 86–680, §15, 74 Stat. 577.

The word “satisfaction” is omitted as included in “discharge”, and the word “obligations” is omitted as included in “liabilities”. The words “outstanding” and “all Federal and State laws applicable thereto” are omitted as unnecessary.

CHAPTER 202—AIR FORCE SERGEANTS ASSOCIATION

Sec.

20201.

Definition.

20202.

Organization.

20203.

Purposes.

20204.

Membership.

20205.

Governing body.

20206.

Powers.

20207.

Restrictions.

20208.

Duty to maintain corporate and tax-exempt status.

20209.

Records and inspection.

20210.

Service of process.

20211.

Liability for acts of officers and agents.

20212.

Annual report.

§20201. Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3239.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20201

36 App.:5815.

Nov. 18, 1997, Pub. L. 105–85, title XV, §1516, 111 Stat. 1966.

The words “the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands” are omitted as included in “the territories and possessions of the United States”.

§20202. Organization

(a) Federal Charter.—Air Force Sergeants Association (in this chapter, the “corporation”), a nonprofit corporation incorporated in the District of Columbia, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

This section is substituted for the source provisions for consistency in the revised title and to eliminate unnecessary words.

§20203. Purposes

(a) General.—The purposes of the corporation are as provided in its bylaws and articles of incorporation and include—

(1) helping to maintain a highly dedicated and professional corps of enlisted personnel within the United States Air Force, including the United States Air Force Reserve, and the Air National Guard;

(2) supporting fair and equitable legislation and Department of the Air Force policies and influencing by lawful means departmental plans, programs, policies, and legislative proposals that affect enlisted personnel of the Regular Air Force, the Air Force Reserve, and the Air National Guard, its retirees, and other veterans of enlisted service in the Air Force;

(3) actively publicizing the roles of enlisted personnel in the United States Air Force;

(4) participating in civil and military activities, youth programs, and fundraising campaigns that benefit the United States Air Force;

(5) providing for the mutual welfare of members of the corporation and their families;

(6) assisting in recruiting for the United States Air Force;

(7) assembling together for social activities;

(8) maintaining an adequate Air Force for our beloved country;

(9) fostering among the members of the corporation a devotion to fellow airmen; and

(10) serving the United States and the United States Air Force loyally, and doing all else necessary to uphold and defend the Constitution of the United States.

(b) Corporate Function.—The corporation shall function as an educational, patriotic, civic, historical, and research organization under the laws of the District of Columbia.

In subsection (a), the words “Except as provided in this chapter” are substituted for “Except as provided in section 5808(g) of this title” for consistency in the revised title.

In subsection (b), the words “The terms of membership” are substituted for “In establishing the conditions of membership in the association” for consistency in the revised title and to eliminate unnecessary words. The word “disability” is substituted for “handicap” for consistency in the revised title.

§20205. Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the bylaws and articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the bylaws and articles of incorporation.

(c) Nondiscrimination.—The requirements for serving as a director or officer may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin.

In subsections (a) and (b), the words “Except as provided in section 5808(g) of this title” and “and in conformity with the laws of the District of Columbia” are omitted as unnecessary.

In subsection (c), the words “The requirements for serving as a director or officer” are substituted for “in determining the requirements for serving on the board of directors or as an officer of the association” for consistency in the revised title and to eliminate unnecessary words. The word “disability” is substituted for “handicap” for consistency in the revised title.

§20206. Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3240.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20206

36 App.:5802.

Nov. 18, 1997, Pub. L. 105–85, title XV, §1502, 111 Stat. 1963.

The words “each State in which it is incorporated” are substituted for “the District of Columbia” for consistency in the revised title. The words “and subject to the laws of the District of Columbia” are omitted as unnecessary.

§20207. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or employee or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(c) Loans.—The corporation may not make a loan to a director, officer, employee, or member.

(d) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

In subsection (a), the words “organized and” are omitted as unnecessary.

§20209. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3241.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20209

36 App.:5810.

Nov. 18, 1997, Pub. L. 105–85, title XV, §1510, 111 Stat. 1965.

The word “records” is substituted for “books and records” for consistency in the revised title and with other titles of the United States Code. The words “This section may not be construed to contravene any applicable State law” are omitted as unnecessary.

§20210. Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3241.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20210

36 App.:5804.

Nov. 18, 1997, Pub. L. 105–85, title XV, §1504, 111 Stat. 1964.

The words “each State in which it is incorporated” are substituted for “the District of Columbia” for consistency in the revised title. The words “in furtherance of its corporate purposes” are omitted as unnecessary.

§20211. Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3241.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20211

36 App.:5809.

Nov. 18, 1997, Pub. L. 105–85, title XV, §1509, 111 Stat. 1965.

The words “officers and agents” are substituted for “officers, directors, employees, and agents” for consistency in the revised title and to eliminate unnecessary words.

§20212. Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3241.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20212

36 App.:5811.

Nov. 18, 1997, Pub. L. 105–85, title XV, §1512, 111 Stat. 1965.

CHAPTER 203—AMERICAN ACADEMY OF ARTS AND LETTERS

Sec.

20301.

Organization.

20302.

Purpose.

20303.

Membership.

20304.

Powers.

20305.

Annual meeting.

20306.

Annual report.

20307.

Nonapplication of audit requirements.

§20301. Organization

(a) Federal Charter.—American Academy of Arts and Letters (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Place of Incorporation.—The corporation is declared to be incorporated in the District of Columbia.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20301

36:4201.

Apr. 17, 1916, ch. 77, §1, 39 Stat. 51.

This section is substituted for the source provision for consistency in the revised title and to eliminate executed and unnecessary words.

§20302. Purpose

The purpose of the corporation is to further the interests of literature and the fine arts.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20302

36:4202.

Apr. 17, 1916, ch. 77, §2, 39 Stat. 51.

The words “is to further” are substituted for “are and shall be the furtherance of” to eliminate unnecessary words.

§20303. Membership

The corporation may have not more than 50 regular members.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20303

36:4203 (words before 1st comma).

Apr. 17, 1916, ch. 77, §3 (words before 1st comma), 39 Stat. 51.

The words “may have not more than” are substituted for “shall consist of not more than” for clarity and consistency.

§20304. Powers

The corporation may—

(1) adopt bylaws and regulations;

(2) fill vacancies;

(3) provide for the election of foreign, domestic, or honorary associate members, and the division of those members into classes;

(4) receive bequests and donations of property, hold the property in trust, and invest the property to carry out the purpose of the corporation; and

In clause (1), the word “regulations” is substituted for “rules and regulations” to avoid redundancy.

In clause (2), the words “created by death, resignation, or otherwise” in 36:4203 are omitted as unnecessary.

In clause (4), the words “be, and the same is hereby, authorized and empowered to” in 36:4205 are omitted because of the word “may” restated before clause (1). The words “real and personal” and “and reinvest” are omitted as unnecessary. The words “to carry out the purpose of the corporation” are substituted for “for the purpose of furthering the interests of literature and the fine arts” for consistency.

§20305. Annual meeting

The corporation shall hold an annual meeting at a place in the United States as may be designated.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20305

36:4204 (related to meeting).

Apr. 17, 1916, ch. 77, §4 (related to meeting), 39 Stat. 51.

§20306. Annual report

The corporation shall make an annual report to Congress, to be filed with the Librarian of Congress.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20306

36:4204 (related to report).

Apr. 17, 1916, ch. 77, §4 (related to report), 39 Stat. 51.

Termination of Reporting Requirements

For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 196 of House Document No. 103–7.

§20307. Nonapplication of audit requirements

The audit requirements of section 10101 of this title do not apply to the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20307

(no source).

This section is added to except the American Academy of Arts and Letters from the application of section 10101 of the revised title, restating 36:1101–1103, which imposes audit requirements on certain federally chartered corporations. The Academy is not included in the list of corporations set out in 36:1101 to which the audit requirements apply.

CHAPTER 205—AMERICAN CHEMICAL SOCIETY

Sec.

20501.

Organization.

20502.

Purposes.

20503.

Powers.

20504.

Cooperation with the military.

20505.

Annual meeting.

20506.

Annual report.

§20501. Organization

American Chemical Society (in this chapter, the “corporation”) is a federally chartered corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20501

36:3201.

Aug. 25, 1937, ch. 762, §§1, 7, 50 Stat. 798, 799.

36:3207.

This section is substituted for the source provision for consistency in the revised title and to eliminate executed and unnecessary words.

The text of 36:3207 is omitted as executed and obsolete.

§20502. Purposes

The purposes of the corporation are—

(1) to encourage in the broadest and most liberal manner the advancement of chemistry in all its branches;

(2) to promote research in chemical science and industry;

(3) to improve the qualifications and usefulness of chemists through high standards of professional ethics, education, and attainments;

(4) to increase and diffuse chemical knowledge; and

(5) by its meetings, professional contacts, reports, papers, discussions, and publications, to promote scientific interests and inquiry to foster public welfare and education, aid the development of our country's industries, and add to the material prosperity and happiness of our people.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20502

36:3202.

Aug. 25, 1937, ch. 762, §2, 50 Stat. 798.

§20503. Powers

The corporation may—

(1) adopt a constitution, bylaws, and regulations;

(2) fill vacancies;

(3) provide for the election of members and the division of those members into classes;

(4) receive property, hold the property absolutely or in trust, invest and manage the property, and use the property and income arising from it to carry out the purposes of the corporation; and

(5) do any other act necessary and proper to carry out the purposes of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20503

36:3203 (1st sentence).

Aug. 25, 1937, ch. 762, §§3 (1st sentence), 5, 50 Stat. 799.

36:3205.

Before clause (1), the word “may” is substituted for “shall have power to” in 36:3203 and “be, and the same is hereby, authorized and empowered to” in 36:3205 for consistency in the revised title and to eliminate unnecessary words.

In clause (1), the word “adopt” is substituted for “make” for consistency in the revised title. The word “regulations” is substituted for “rules, and regulations” to avoid redundancy. The words “its own organization” are omitted as included in “constitution, bylaws, and regulations”.

In clause (2), the words “created by death, resignation, or otherwise” are omitted as unnecessary.

In clause (4), the words “by devise, bequest, donation, or otherwise, either real or personal” and “reinvest” are omitted as unnecessary. The words “use . . . to carry out the purposes of the corporation” are substituted for “apply . . . to the objects of its creation” for clarity and consistency.

Clause (5) is substituted for “all other matters needful and useful to promote the objects of the society” for consistency in the revised title.

§20504. Cooperation with the military

(a) Investigations, Examinations, Experiments, and Reports.—When requested by the Secretary of the Army, Air Force, or Navy, the corporation shall investigate, examine, experiment, and report on any subject in pure or applied chemistry connected with the national defense.

(b) Payments.—The actual expense of those investigations, examinations, experiments, and reports shall be paid from amounts appropriated for those purposes, but the corporation may not receive compensation for any services performed for the United States Government.

(c) Title and License.—Title to inventions and discoveries made in the course of those investigations, examinations, and experiments that the appropriate Secretary believes involve the national defense vest in the Government. The Government shall have unlimited license under other inventions and discoveries made in the course of those investigations, examinations, and experiments.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1288.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20504

36:3204.

Aug. 25, 1937, ch. 762, §4, 50 Stat. 799.

In subsection (a), the words “When requested by the Secretary of the Army, Air Force, or Navy, the corporation” are substituted for “The American Chemical Society shall, whenever called upon by the Army, Air Force, or Navy Department” because under 10:3013, 5013, and 8013 the Secretaries are the heads of the Departments. The Secretary of the Air Force is added because of section 207 of the National Security Act of 1947 (ch. 343, 61 Stat. 502).

In subsection (b), the words “shall be paid from amounts appropriated for those purposes” are substituted for “to be paid from appropriations which may have been made for that purpose by Congress” for clarity and to eliminate unnecessary words.

In subsection (c), the words “that the appropriate Secretary believes” are substituted for “that, in the opinion of the Secretary of the Navy, the Secretary of the Air Force, or the Secretary of the Army” to eliminate unnecessary words.

§20505. Annual meeting

The corporation shall hold an annual meeting at a place in the United States as may from time to time be designated.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1288.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20505

36:3203 (last sentence).

Aug. 25, 1937, ch. 762, §3 (last sentence), 50 Stat. 799.

§20506. Annual report

Not later than December 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior calendar year, including a complete statement of its receipts and expenditures. The report may not be printed as a public document.

§20701. Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1288.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20701

36:1913.

June 1, 1982, Pub. L. 97–192, §14, 96 Stat. 111.

The words “the Commonwealth of Puerto Rico” are omitted as included in “the territories and possessions of the United States”.

§20702. Organization

American Council of Learned Societies (in this chapter, the “corporation”), a nonprofit corporation incorporated in the District of Columbia, is a federally chartered corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1288.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20702

36:1901.

June 1, 1982, Pub. L. 97–192, §1, 96 Stat. 109.

This section is substituted for the sources provision for consistency in the revised title and to eliminate executed and unnecessary words.

§20703. Purposes

The purposes of the corporation are as provided in the articles of incorporation and include—

(1) the advancement of the humanistic studies in all fields of learning; and

(2) the maintenance and strengthening of relations among the national societies devoted to those studies.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20703

36:1903.

June 1, 1982, Pub. L. 97–192, §3, 96 Stat. 109.

The word “objects” is omitted as included in “purposes”. The words “and the corporation shall function as authorized by the laws of the State or States where it is incorporated” are omitted as unnecessary.

§20704. Membership

Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20704

36:1905.

June 1, 1982, Pub. L. 97–192, §5, 96 Stat. 109.

§20705. Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20705(a)

36:1906.

June 1, 1982, Pub. L. 97–192, §§6, 7, 96 Stat. 109.

20705(b)

36:1907.

The words “and in conformity with the laws of the State or States in which it is incorporated” in 36:1906 and “and in conformity with the laws of the State or States wherein it is incorporated” in 36:1907 are omitted as unnecessary.

§20706. Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20706

36:1902.

June 1, 1982, Pub. L. 97–192, §2, 96 Stat. 109.

The words “(hereinafter referred to as the ‘corporation’)” and “and subject to the laws of such State or States” are omitted as unnecessary.

§20707. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee.

(e) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20707(a)

36:1908(d).

June 1, 1982, Pub. L. 97–192, §8, 96 Stat. 110.

20707(b)

36:1908(c).

20707(c)

36:1908(a).

20707(d)

36:1908(b).

20707(e)

36:1908(e).

In subsection (a), the words “any shares of” are omitted as unnecessary.

In subsection (c), the words “inure to the benefit of” are substituted for “inure to” for consistency in the revised title.

§20708. Duty to maintain tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). If the corporation does not maintain that status, the charter granted by this chapter expires.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20708

36:1914.

June 1, 1982, Pub. L. 97–192, §15, 96 Stat. 111.

§20709. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20709

36:1910.

June 1, 1982, Pub. L. 97–192, §10, 96 Stat. 110.

The word “records” is substituted for “books and records” for consistency in the revised title and with other titles of the United States Code. The words “Nothing in this section shall be construed to contravene any applicable State law” are omitted as unnecessary.

§20710. Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20710

36:1904.

June 1, 1982, Pub. L. 97–192, §4, 96 Stat. 109.

The words “in furtherance of its corporate purposes” are omitted as unnecessary.

§20711. Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20711

36:1909.

June 1, 1982, Pub. L. 97–192, §9, 96 Stat. 110.

§20712. Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20712

36:1911.

June 1, 1982, Pub. L. 97–192, §12, 96 Stat. 111.

CHAPTER 209—AMERICAN EX-PRISONERS OF WAR

Sec.

20901.

Definition.

20902.

Organization.

20903.

Purposes.

20904.

Membership.

20905.

Governing body.

20906.

Powers.

20907.

Exclusive right to name and emblem.

20908.

Restrictions.

20909.

Duty to maintain corporate and tax-exempt status.

20910.

Records and inspection.

20911.

Service of process.

20912.

Liability for acts of officers and agents.

20913.

Annual report.

§20901. Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20901

36:2113.

Aug. 10, 1982, Pub. L. 97–234, §14, 96 Stat. 263.

The words “the Commonwealth of Puerto Rico” are omitted as included in “the territories and possessions of the United States”.

§20902. Organization

(a) Federal Charter.—American Ex-Prisoners of War (in this chapter, the “corporation”), a nonprofit corporation incorporated in the State of Washington, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words.

§20903. Purposes

The purposes of the corporation are as provided in the articles of incorporation and include—

(1) encouraging fraternity for the common good;

(2) fostering patriotism and loyalty;

(3) assisting widows and orphans of deceased ex-prisoners of war;

(4) assisting ex-prisoners of war who have been injured or disabled as a result of their service;

(5) maintaining allegiance to the United States;

(6) preserving and defending the United States from all enemies; and

(7) maintaining historical records.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20903

36:2103.

Aug. 10, 1982, Pub. L. 97–234, §3, 96 Stat. 261.

Before clause (1), the words “objects and” are omitted as unnecessary.

In clause (5), the words “of America” are omitted for consistency.

§20904. Membership

Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20904

36:2105.

Aug. 10, 1982, Pub. L. 97–234, §5, 96 Stat. 262.

§20905. Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20905(a)

36:2106.

Aug. 10, 1982, Pub. L. 97–234, §§6, 7, 96 Stat. 262.

20905(b)

36:2107.

The words “and in conformity with the laws of the State or States in which it is incorporated” in 36:2106 and “and in conformity with the laws of the State or States wherein it is incorporated” in 36:2107 are omitted as unnecessary.

§20906. Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20906

36:2102.

Aug. 10, 1982, Pub. L. 97–234, §2, 96 Stat. 261.

The words “and subject to the laws of such State or States” are omitted as unnecessary.

§20907. Exclusive right to name and emblem

The corporation has the exclusive right to use and to allow others to use the name “American Ex-Prisoners of War” and the official American Ex-Prisoners of War emblem or any colorable simulation of that emblem. This section does not affect any vested rights.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20907

36:2115.

Aug. 10, 1982, Pub. L. 97–234, §16, 96 Stat. 263.

The words “This section does not affect any vested rights” are substituted for “No powers or privileges hereby granted shall, however, interfere or conflict with established or vested rights” for consistency in the revised title and to eliminate unnecessary words.

§20908. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board or 1 directors.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee.

(e) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20908(a)

36:2108(d).

Aug. 10, 1982, Pub. L. 97–234, §8(a)–(e), 96 Stat. 262.

20908(b)

36:2108(c).

20908(c)

36:2108(a).

20908(d)

36:2108(b).

20908(e)

36:2108(e).

In subsection (a), the words “any shares of” are omitted as unnecessary.

In subsection (b), the words “as such” are substituted for “acting as such officer or director” for consistency in the revised title and to eliminate unnecessary words.

In subsection (c), the words “inure to the benefit of” are substituted for “inure to” for consistency in the revised title.

In subsection (a), the words “organized and” are omitted as unnecessary.

§20910. Records and inspection

(a) Records.—The Corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20910

36:2110.

Aug. 10, 1982, Pub. L. 97–234, §10, 96 Stat. 263.

The word “records” is substituted for “books and records” for consistency in the revised title and with other titles of the United States Code. The words “Nothing in this section shall be construed to contravene any applicable State law” are omitted as unnecessary.

§20911. Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20911

36:2104.

Aug. 10, 1982, Pub. L. 97–234, §4, 96 Stat. 262.

The words “in furtherance of its corporate purposes” are omitted as unnecessary.

§20912. Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20912

36:2109.

Aug. 10, 1982, Pub. L. 97–234, §9, 96 Stat. 263.

§20913. Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20913

36:2111.

Aug. 10, 1982, Pub. L. 97–234, §12, 96 Stat. 263.

Termination of Reporting Requirements

For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 196 of House Document No. 103–7.

CHAPTER 210—AMERICAN GI FORUM OF THE UNITED STATES

Sec.

21001.

Definition.

21002.

Organization.

21003.

Purposes.

21004.

Membership.

21005.

Governing body.

21006.

Powers.

21007.

Restrictions.

21008.

Duty to maintain corporate and tax-exempt status.

21009.

Records and inspection.

21010.

Service of process.

21011.

Liability for acts of officers and agents.

21012.

Annual report.

§21001. Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3242.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

21001

36 App.:5915.

Aug. 13, 1998, Pub. L. 105–231, §16, 112 Stat. 1532.

The words “the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands” are omitted as included in “the territories and possessions of the United States”.

§21002. Organization

(a) Federal Charter.—American GI Forum of the United States (in this chapter, the “corporation”), a nonprofit corporation incorporated in Texas, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

This section is substituted for the source provisions for consistency in the revised title and to eliminate unnecessary words.

§21003. Purposes

(a) General.—The purposes of the corporation are as provided in its bylaws and articles of incorporation and include—

(1) securing the blessing of American democracy at every level of local, State, and national life for all United States citizens;

(2) upholding and defending the Constitution and the United States flag;

(3) fostering and perpetuating the principles of American democracy based on religious and political freedom for the individual and equal opportunity for all;

(4) fostering and enlarging equal educational opportunities, equal economic opportunities, equal justice under the law, and equal political opportunities for all United States citizens, regardless of race, color, religion, sex, or national origin;

(5) encouraging greater participation of the ethnic minority represented by the corporation in the policy-making and administrative activities of all departments, agencies, and other governmental units of local and State governments and the United States Government;

(6) combating all practices of a prejudicial or discriminatory nature in local, State, or national life which curtail, hinder, or deny to any United States citizen an equal opportunity to develop full potential as an individual; and

(7) fostering and promoting the broader knowledge and appreciation by all United States citizens of their cultural heritage and language.

(b) Corporate Function.—The corporation shall function as an educational, patriotic, civic, historical, and research organization under the laws of Texas.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3242.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

21003(a)

36 App.:5903.

Aug. 13, 1998, Pub. L. 105–231, §§3, 8(f), 112 Stat. 1530, 1531.

21003(b)

36 App.:5908(f).

In clause (5), the words “United States Government” are substituted for “Federal Government” for consistency in the revised title.

§21004. Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws and articles of incorporation.

(b) Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin.

In subsection (a), the words “Except as provided in this chapter” are substituted for “Except as provided in section 5908(g) of this title” for consistency in the revised title.

In subsection (b), the words “The terms of membership” are substituted for “In establishing the conditions of membership in the corporation” for consistency in the revised title and to eliminate unnecessary words.

§21005. Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the bylaws and articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the bylaws and articles of incorporation.

(c) Nondiscrimination.—The requirements for serving as a director or officer may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin.

In subsections (a) and (b), the words “Except as provided in section 5908(g) of this title” and “and in conformity with the laws of the State of Texas” are omitted as unnecessary.

In subsection (c), the words “The requirements for serving as a director or officer” are substituted for “in determining the requirements for serving on the board of directors or as an officer of the association” for consistency in the revised title and to eliminate unnecessary words.

§21006. Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3243.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

21006

36 App.:5902.

Aug. 13, 1998, Pub. L. 105–231, §2, 112 Stat. 1530.

The words “each State in which it is incorporated” are substituted for “the State of Texas” for consistency in the revised title. The words “and subject to the laws of the State of Texas” are omitted as unnecessary.

§21007. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or employee or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(c) Loans.—The corporation may not make a loan to a director, officer, employee, or member.

(d) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3243.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

21007(a)

36 App.:5908(c).

Aug. 13, 1998, Pub. L. 105–231, §8(a)–(d), 112 Stat. 1531.

21007(b)

36 App.:5908(a).

21007(c)

36 App.:5908(b).

21007(d)

36 App.:5908(d).

In subsection (a), the words “any shares of” are omitted as unnecessary.

In subsection (b), the words “This subsection does not” are substituted for “Nothing in this subsection may be construed to” for consistency in the revised title.

In subsection (d), the words “by virtue of this chapter” are omitted as unnecessary.

§21008. Duty to maintain corporate and tax-exempt status

(a) Corporate Status.—The corporation shall maintain its status as a corporation incorporated under the laws of Texas.

In subsection (a), the words “organized and” are omitted as unnecessary.

§21009. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3243.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

21009

36 App.:5910.

Aug. 13, 1998, Pub. L. 105–231, §10, 112 Stat. 1532.

The word “records” is substituted for “books and records” for consistency in the revised title and with other titles of the United States Code. The words “This section may not be construed to contravene any applicable State law” are omitted as unnecessary.

§21010. Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3244.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

21010

36 App.:5904.

Aug. 13, 1998, Pub. L. 105–231, §4, 112 Stat. 1531.

The words “each State in which it is incorporated” are substituted for “the State of Texas” for consistency in the revised title. The words “in furtherance of its corporate purposes” are omitted as unnecessary.

§21011. Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3244.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

21011

36 App.:5909.

Aug. 13, 1998, Pub. L. 105–231, §9, 112 Stat. 1532.

The words “officers and agents” are substituted for “officers, directors, employees, and agents” for consistency in the revised title and to eliminate unnecessary words.

§21012. Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3244.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

21012

36 App.:5911.

Aug. 13, 1998, Pub. L. 105–231, §12, 112 Stat. 1532.

CHAPTER 211—AMERICAN GOLD STAR MOTHERS, INCORPORATED

Sec.

21101.

Definition.

21102.

Organization.

21103.

Purposes.

21104.

Membership.

21105.

Governing body.

21106.

Powers.

21107.

Restrictions.

21108.

Duty to maintain corporate and tax-exempt status.

21109.

Records and inspection.

21110.

Service of process.

21111.

Liability for acts of officers and agents.

21112.

Annual report.

§21101. Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

21101

36:2413.

June 12, 1984, Pub. L. 98–314, §14, 98 Stat. 239.

The words “the Commonwealth of Puerto Rico” are omitted as included in “the territories and possessions of the United States”.

§21102. Organization

(a) Federal Charter.—American Gold Star Mothers, Incorporated (in this chapter, the “corporation”), incorporated in the District of Columbia, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

This section is substituted for the source provisions for consistency in the revised title and to eliminate unnecessary words.

§21103. Purposes

The purposes of the corporation are as provided in the articles of incorporation and include a continuing commitment, on a national basis, to—

(1) keep alive and develop the spirit that promoted world services;

(2) maintain the ties of fellowship born of that service, and assist and further all patriotic work;

(3) inculcate a sense of individual obligation to the community, State, and Nation;

(4) assist veterans of World War I, World War II, the Korean Conflict, Vietnam, and other strategic areas and their dependents in the presentation of claims to the Department of Veterans Affairs, and aid in any way in their power the men and women who served and died or were wounded or incapacitated during hostilities;

(5) perpetuate the memory of those whose lives were sacrificed in our wars;

(6) maintain true allegiance to the United States;

(7) inculcate lessons of patriotism and love of country in the communities in which we live;

(8) inspire respect for the Stars and Stripes in the youth of America;

(9) extend needful assistance to all Gold Star Mothers and, when possible, to their descendants; and

(10) promote peace and good will for the United States and all other Nations.

The words “and in conformity with the laws of the State or States in which it is incorporated” in 36:2406 and “and in conformity with the laws of the State or States wherein it is incorporated” in 36:2407 are omitted as unnecessary.

§21106. Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1293.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

21106

36:2402.

June 12, 1984, Pub. L. 98–314, §2, 98 Stat. 237.

The words “and subject to the laws of such State or States” are omitted as unnecessary.

§21107. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(c) Loans.—The corporation may not make a loan to a director, officer, or employee.

(d) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1293.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

21107(a)

36:2408(c).

June 12, 1984, Pub. L. 98–314, §8(a)–(d), 98 Stat. 238.

21107(b)

36:2408(a).

21107(c)

36:2408(b).

21107(d)

36:2408(d).

In subsection (a), the words “any shares of” are omitted as unnecessary.

In subsection (b), the words “inure to the benefit of” are substituted for “inure to” for consistency in the revised title.

§21108. Duty to maintain corporate and tax-exempt status

(a) Corporate Status.—The corporation shall maintain its status as a corporation incorporated under the laws of each State in which it is incorporated.

In subsection (a), the words “organized and” are omitted as unnecessary. The words “each State” are substituted for “State or States” for consistency in the revised title and to eliminate unnecessary words.

§21109. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

21109

36:2410.

June 12, 1984, Pub. L. 98–314, §10, 98 Stat. 238.

The word “records” is substituted for “books and records” for consistency in the revised title and with other titles of the United States Code. The words “Nothing in this section shall be construed to contravene any applicable State law” are omitted as unnecessary.

§21110. Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

21110

36:2404.

June 12, 1984, Pub. L. 98–314, §4, 98 Stat. 238.

§21111. Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

21111

36:2409.

June 12, 1984, Pub. L. 98–314, §9, 98 Stat. 238.

§21112. Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

21112

36:2411.

June 12, 1984, Pub. L. 98–314, §12, 98 Stat. 239.

Termination of Reporting Requirements

For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 196 of House Document No. 103–7.

CHAPTER 213—AMERICAN HISTORICAL ASSOCIATION

Sec.

21301.

Organization.

21302.

Purposes.

21303.

Powers.

21304.

Annual meeting.

21305.

Principal office.

21306.

Historical collections.

21307.

Annual report.

Chapter Referred to in Other Sections

This chapter is referred to in section 10102 of this title.

§21301. Organization

American Historical Association (in this chapter, the “corporation”) is a body corporate and politic in the District of Columbia.

In clause (1), the words “not inconsistent with law” are omitted as unnecessary.

In clause (2), the word “property” is substituted for “real and personal estate”, and the word “necessary” is substituted for “so far only as may be necessary”, to eliminate unnecessary words. The words “to carry out the purposes of the corporation” are substituted for “to its lawful ends” for consistency in the revised title.

Tax Exemption of Real Property

Pub. L. 85–83, §2, July 3, 1957, 71 Stat. 277, provided that: “The real property situated in Square 817, in the city of Washington, District of Columbia, described as lot 23, owned, occupied, and used by the American Historical Association, is exempt from all taxation so long as the same is so owned and occupied, and not used for commercial purposes, subject to the provisions of sections 2, 3, and 5 of the Act entitled ‘An Act to define the real property exempt from taxation in the District of Columbia’, approved December 24, 1942 (56 Stat. 1089; D.C. Code, secs. 47–801b, 47–801c, and 47–801e).”

§21304. Annual meeting

The corporation may hold its annual meeting in a place the members of the corporation select.

§21306. Historical collections

The Regents of the Smithsonian Institution may allow the corporation to deposit its collections, manuscripts, books, pamphlets, and other historical material in the Smithsonian Institution or the National Museum on conditions and under regulations the Regents prescribe.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

21306

36:20 (last sentence).

Jan. 4, 1889, ch. 20, (last sentence), 25 Stat. 640.

The words “historical material” are substituted for “material for history” for clarity. The words “at their discretion” are omitted as unnecessary.

§21307. Annual report

The corporation shall submit an annual report to the Secretary of the Smithsonian Institution on the activities of the corporation and the condition of historical study in America. The Secretary shall submit to Congress any part of the report the Secretary decides is appropriate.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

21307

36:20 (4th, 5th sentences).

Jan. 4, 1889, ch. 20, (4th, 5th sentences), 25 Stat. 640.

The word “activities” is substituted for “proceedings” for consistency in the revised title. The words “any part of the report the Secretary decides is appropriate” are substituted for “whole of such reports, or such portion thereof as he shall see fit” to eliminate unnecessary words.

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under this section is listed on page 192), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.

CHAPTER 215—AMERICAN HOSPITAL OF PARIS

Sec.

21501.

Organization.

21502.

Purpose.

21503.

Governing body.

21504.

Acquisition and management of property.

21505.

Charges for medical services.

21506.

Principal office.

21507.

Nonapplication of audit requirements.

§21501. Organization

(a) Federal Charter.—American Hospital of Paris (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Place of Incorporation.—The corporation is declared to be incorporated in the District of Columbia.

The word “maintain” is substituted for “establish, maintain, and conduct” to eliminate executed and unnecessary words. The word “aid” is omitted as included in “care”.

§21503. Governing body

(a) General.—(1) The board of governors is the governing body of the corporation.

(2) The board shall have at least 12 governors, divided into 3 classes of equal numbers. One class of governors shall be elected each year for a term of 3 years or until their successors are elected. The corporation shall elect the governors at its annual meeting.

(b) Quorum.—Five governors are a quorum for the transaction of business, except that a majority vote of the board is required for—

(1) the sale or alienation of any real or personal estate of the corporation; or

(2) the leasing of real estate of the corporation for a term of more than one year.

(c) Powers.—The board may—

(1) adopt and amend bylaws, as may be necessary and proper, related to—

(A) elections and meetings;

(B) qualifications and duties of governors and officers;

(C) admission and qualifications of members; and

(D) management and disposition of the property, business, and concerns of the corporation;

(2) conduct all business of the corporation;

(3) fill, until the next annual election, a vacancy on the board; and

(4) appoint attending and resident physicians and surgeons, agents, assistants, and attendants as may be necessary, set their compensation, and discharge them.

The words “may acquire, own, lease, encumber, and transfer” are substituted for “is authorized to take by purchase, gift, grant, devise, and bequest, and to hold, mortgage, lease, transfer, and convey” for consistency in the revised title and to eliminate unnecessary words. The words “real and personal” are omitted as unnecessary. The words “to carry out the purpose of the corporation” are substituted for “for the purposes of the said corporation” and “as may be deemed necessary for the wants or development of the corporation or any of them” for consistency in the revised title and to eliminate unnecessary words.

§21505. Charges for medical services

The corporation may charge a reasonable compensation for providing medical and surgical services or may provide those services without charge. Amounts received under this section shall be used to carry out the purposes of the corporation.

The words “may charge” are substituted for “it shall be lawful for the said corporation to demand and receive” to eliminate unnecessary words. The words “medical and surgical services” are substituted for “such care, sustenance, professional treatment, and other services” to eliminate unnecessary words. The words “to carry out the purposes of the corporation” are substituted for “be applied to the uses and benefits of the said corporation” for consistency.

§21506. Principal office

The principal office of the corporation shall be in the District of Columbia. However, offices may be maintained and meetings of the board of governors and committees may be held elsewhere.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1296.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

21506

36:4904 (last sentence).

Jan. 30, 1913, ch. 21, §4 (last sentence), 37 Stat. 655.

§21507. Nonapplication of audit requirements

The audit requirements of section 10101 of this title do not apply to the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1296.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

21507

(no source).

The section is added to except the American Hospital of Paris from the application of section 10101 of the revised title, restating 36:1101–1103, which imposes audit requirements on certain federally chartered corporations. The Hospital is not included in the list of corporations set out in 36:1101 to which the audit requirements apply.

CHAPTER 217—THE AMERICAN LEGION

Sec.

21701.

Organization.

21702.

Purposes.

21703.

Membership.

21704.

Powers.

21705.

Exclusive right to name, emblems, and badges.

21706.

Political activities.

21707.

Service of process.

21708.

Annual report.

§21701. Organization

(a) Federal Charter.—The American Legion (in this chapter, the “corporation”) is a federally chartered corporation.

In clause (1), the words “armed forces” are substituted for “naval or military services” and “military or naval service” for clarity. In subclause (A), the word “through” is substituted for “all dates inclusive” for clarity. In subclause (B), the words “a government associated with the United States during a period referred to in subclause (A) of this clause and was a citizen of the United States when the individual entered that service” are substituted for “who, being a citizen of the United States at the time of entry therein . . . of any governments associated with the United States during said wars or hostilities” for clarity.

In clause (2), the words “after that period” are substituted for “after any of the aforesaid terminal dates” to eliminate unnecessary words.

Pub. L. 105–354

This amends section 21703(1)(A)(iv) of title 36 to reflect changes made by Public Law 105–110 (Nov. 20, 1997, 111 Stat. 2270).

In this section, the text of 36:47 is omitted as executed and obsolete.

In clause (1), the words “not inconsistent with the laws of the United States or of any State” are omitted as unnecessary.

In clause (2), the words “at pleasure” are omitted as unnecessary.

In clause (3), the word “activities” is substituted for “business” for consistency in the revised title.

Clause (5) is substituted for “to receive, hold, own, use, and dispose of such real estate and personal property as shall be necessary for its corporate purposes” for consistency in the revised title and to eliminate unnecessary words.

In clause (7), the words “in courts of law and equity” are omitted as unnecessary.

In clause (8), the words “do any other act” are substituted for “generally to do any and all such acts and things” for consistency in the revised title and to eliminate unnecessary words.

§21705. Exclusive right to name, emblems, and badges

The corporation and its State and local subdivisions have the exclusive right to use the name “The American Legion” or “American Legion”. The corporation has the exclusive right to use, manufacture, and control the right to manufacture, emblems and badges the corporation adopts.

The word “sole” is omitted as included in “exclusive”. The words “to have and”, “in carrying out its purposes”, and “in carrying out the purposes of the corporation” are omitted as unnecessary.

§21706. Political activities

The corporation shall be nonpolitical and may not promote the candidacy of an individual seeking public office.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1298.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

21706

36:46.

Sept. 16, 1919, ch. 59, §6, 41 Stat. 285.

The words “as an organization” are omitted as unnecessary.

§21707. Service of process

As a condition to the exercise of any power or privilege granted by this chapter, the corporation shall file, with the secretary of state or other designated official of each State, the name and address of an agent in that State on whom legal process or demands against the corporation may be served.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1298.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

21707

36:50.

Sept. 16, 1919, ch. 59, §9 1/2, 41 Stat. 285.

The word “precedent” is omitted as unnecessary. The words “with the secretary of state or other designated official” are substituted for “in the office of the secretary of state” for consistency in the revised title. The words “post-office” and “authorized” are omitted as unnecessary.

§21708. Annual report

Not later than January 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior calendar year. The report may not be printed as a public document.

Termination of Reporting Requirements

For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 196 of House Document No. 103–7.

CHAPTER 219—THE AMERICAN NATIONAL THEATER AND ACADEMY

Sec.

21901.

Organization.

21902.

Purposes.

21903.

Powers.

21904.

Exclusive right to name.

21905.

Restrictions.

21906.

Headquarters and meetings.

21907.

Service of process.

21908.

Annual report.

§21901. Organization

(a) Federal Charter.—The American National Theater and Academy (in this chapter, the “corporation”) is a federally chartered corporation.

In clause (1), the words “to carry out its purposes not inconsistent with the laws of the United States or any States” are omitted as unnecessary.

In clause (2), the words “at pleasure” are omitted as unnecessary.

In clause (3), the word “activities” is substituted for “business” for consistency in the revised title.

Clause (5) is substituted for “to receive, hold, own, use, mortgage, and dispose of such real estate and personal property as shall be necessary for its corporate purposes” in 36:3303 and for 36:3307 for consistency in the revised title and to eliminate unnecessary words.

In clause (6), the words “in the courts of law and equity” are omitted as unnecessary.

In clause (7), the words “do any other act” are substituted for “generally to do all such acts and things” for consistency in the revised title and to eliminate unnecessary words.

§21904. Exclusive right to name

The corporation and its State and local branches and subdivisions have the exclusive right to use the name “The American National Theater and Academy”.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

21904

36:3305.

July 5, 1935, ch. 373, §5, 49 Stat. 458.

The word “sole” is omitted as included in “exclusive”. The words “to have” are omitted as included in “to use”. The words “in carrying out its purposes” are omitted as unnecessary.

§21905. Restrictions

(a) Profit and Stock.—The corporation shall be nonprofit and may not issue stock.

(b) Political Activities.—The corporation shall be nonpolitical and nonsectarian, and may not promote the candidacy of an individual seeking public office.

(c) Honorary Members.—The corporation may not have honorary members.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

21905(a)

36:3302 (1st sentence).

July 5, 1935, ch. 373, §§2 (1st sentence), 4, 49 Stat. 458.

21905(b)

36:3304 (1st sentence).

21905(c)

36:3304 (last sentence).

In subsection (a), the word “capital” is omitted for consistency in the revised title.

In subsection (b), the words “as an organization” are omitted as unnecessary.

§21906. Headquarters and meetings

The corporation may have its headquarters and hold its meetings at places the corporation decides are best.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

21906

36:3306.

July 5, 1935, ch. 373, §6, 49 Stat. 458.

The word “may” is substituted for “be, and is hereby, authorized to” to eliminate unnecessary words. The words “within or without the District of Columbia” and “from time to time” are omitted as unnecessary.

§21907. Service of process

As a condition to the exercise of any power or privilege granted by this chapter, the corporation shall file, with the secretary of state or other designated official of the District of Columbia or of each State, territory, or possession of the United States in which its headquarters, branches, or subdivisions are located, the name and address of an agent in that jurisdiction on whom legal process or demands against the corporation may be served.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

21907

36:3309.

July 5, 1935, ch. 373, §9, 49 Stat. 459.

The words “precedent”, “herein”, and “or conferred” are omitted as unnecessary. The words “with the secretary of state or other designated official” are substituted for “in the office of the Secretary or the properly designated officer”, and the words “territory, or possession of the United States” are substituted for “Territory”, for consistency in the revised title. The words “post-office” and “authorized” are omitted as unnecessary. The words “in that jurisdiction” are added for clarity.

§21908. Annual report

Not later than January 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior calendar year, including a complete report of its receipts and expenditures. The report may not be printed as a public document.

The word “submit” is substituted for “make and transmit”, and the word “activities” is substituted for “proceedings”, for consistency in the revised title. The word “full” is omitted as included in “complete”.

CHAPTER 221—THE AMERICAN SOCIETY OF INTERNATIONAL LAW

Sec.

22101.

Organization.

22102.

Purposes.

22103.

Governing body.

22104.

Powers.

22105.

Restrictions.

22106.

Principal office.

22107.

Records and inspection.

22108.

Service of process.

22109.

Liability for acts of officers and agents.

§22101. Organization

(a) Federal Charter.—The American Society of International Law (in this chapter, the “corporation”) is a federally chartered corporation.

This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words.

§22102. Purposes

The purposes of the corporation are—

(1) to foster the study of international law; and

(2) to promote the establishment and maintenance of international relations on the basis of law and justice.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1300.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

22102

36:342 (1st sentence).

Sept. 20, 1950, ch. 958, §2 (1st sentence), 64 Stat. 870.

§22103. Governing body

(a) Executive Council.—(1) The executive council is the governing body of the corporation. However, the council is subject to the directions of the corporation at its annual meetings and at any other meeting called under the constitution, bylaws, or regulations of the corporation.

(2) The council consists of a president, an honorary president, a number of vice presidents and honorary vice presidents as provided in the constitution, a secretary, a treasurer, and at least 24 additional individuals.

(b) Election and Terms.—The officers of the corporation and one-third of the other members of the council shall be elected at each annual meeting of the corporation. However, the constitution may authorize the council—

(1) to elect the secretary and the treasurer of the corporation for specified terms; and

(2) to fill vacancies until the next annual meeting.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1300.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

22103

36:343.

Sept. 20, 1950, ch. 958, §3, 64 Stat. 870.

The words “The number of members of the executive council shall initially be forty-four, and the members of the said council shall initially be the persons whose names and addresses are set forth in section 341 of this title” are omitted as obsolete.

§22104. Powers

The corporation may—

(1) adopt and amend a constitution, bylaws, and regulations for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, and agents as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(7) publish a journal and other publications;

(8) sue and be sued; and

(9) do any other act necessary and proper to carry out the purposes of the corporation.

In this section, the text of 36:351 is omitted as executed and obsolete.

In clause (1), the words “apply, and administer” are omitted as unnecessary. The words “not inconsistent with the laws of the United States of America or any State in which the corporation is to operate” are omitted as unnecessary.

In clause (2), the word “use” is omitted as unnecessary.

In clause (3), the word “activities” is substituted for “business” for consistency in the revised title.

In clause (4), the words “make contracts” are substituted for “contract and be contracted with” for consistency in the revised title and to eliminate unnecessary words.

Clause (5) is substituted for “take and hold by lease, gift, purchase, grant, devise, or bequest, in full title, in trust, or otherwise, any property, real or personal, necessary for attaining the objects and carrying into effect the purposes of the corporation” and “transfer and convey real or personal property” for consistency in the revised title and to eliminate unnecessary words. The words “subject however, to applicable provisions of law of any State (A) governing the amount or kind of real and personal property which may be held by, or (B) otherwise limiting or controlling the ownership of real and personal property by a corporation operating in such State” are omitted as unnecessary.

In clause (6), the words “instruments of indebtedness” are substituted for “bonds”, and the words “secure its obligations by granting security interests in its property” are substituted for “secure the same by mortgage”, for consistency in the revised title. The words “for the purposes of the corporation” and “therefor” are omitted as unnecessary. The words “subject in every case to all applicable provisions of Federal or State laws” are omitted as unnecessary.

In clause (8), the words “complain and defend in any court of competent jurisdiction” are omitted as unnecessary and for consistency in the revised title.

§22105. Restrictions

(a) Profit.—The corporation may not operate for profit.

(b) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(c) Political Activities.—The corporation or an officer or member of the executive council as such may not contribute to, support, or assist a political party or candidate for elective public office.

(d) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a member of the corporation or an officer or member of the executive council, except on the dissolution or final liquidation of the corporation.

(e) Loans.—The corporation may not make a loan or advance to an officer or member of the executive council. Members of the council who vote for or assent to making a loan or advance to an officer or member of the council, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

In subsection (d), the words “inure to the benefit of” are substituted for “inure to” for consistency in the revised title.

§22106. Principal office

The principal office of the corporation shall be in the District of Columbia. However, the activities of the corporation are not confined to the District of Columbia but may be conducted throughout the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1301.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

22106

36:344.

Sept. 20, 1950, ch. 958, §4, 64 Stat. 871.

The words “the activities of the corporation are not confined to the District of Columbia but may be conducted throughout the United States” are substituted for “The corporation . . . shall have the right to conduct its activities in the said District and at any other place or places in the United States” for consistency in the revised title and to eliminate unnecessary words.

National Headquarters

Pub. L. 86–208, Aug. 25, 1959, 73 Stat. 431, provided: “That the American Society of International Law, incorporated by the Act entitled ‘An Act to incorporate the American Society of International Law, and for other purposes’, approved September 20, 1950 (Public Law 794, ch. 958, Eighty-first Congress, second session (64 Stat. 869)) [now this chapter], is authorized to use the real estate described as lot 805 square 2512, situated in the city of Washington, District of Columbia, as the national headquarters of such society.”

§22107. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, executive council, and committees having any of the authority of its executive council; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1301.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

22107

36:348.

Sept. 20, 1950, ch. 958, §8, 64 Stat. 872.

The word “records” is substituted for “books and records” for consistency in the revised title and with other titles of the United States Code.

§22108. Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1301.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

22108

36:346 (last sentence).

Sept. 20, 1950, ch. 958, §6 (last sentence), 64 Stat. 871.

The words “at all times” are omitted as unnecessary. The words “to receive” are substituted for “authorized to accept”, and the words “is notice” are substituted for “shall be deemed notice”, for consistency in the revised title and to eliminate unnecessary words.

§22109. Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1301.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

22109

36:346 (1st sentence).

Sept. 20, 1950, ch. 958, §6 (1st sentence), 64 Stat. 871.

The words “acting within the scope of their authority” are added for clarity and consistency in the revised title.

CHAPTER 223—AMERICAN SYMPHONY ORCHESTRA LEAGUE

Sec.

22301.

Organization.

22302.

Purposes.

22303.

Membership.

22304.

Governing body.

22305.

Powers.

22306.

Exclusive right to name, insignia, emblems, and badges.

22307.

Restrictions.

22308.

Principal office.

22309.

Records and inspection.

22310.

Service of process.

22311.

Liability for acts of officers and agents.

22312.

Distribution of assets on dissolution or final liquidation.

§22301. Organization

(a) Federal Charter.—American Symphony Orchestra League (in this chapter, the “corporation”) is a federally chartered corporation.

This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words.

The text of 36:3402 is omitted as executed and obsolete.

§22302. Purposes

The purposes of the corporation are—

(1) to serve as a coordinating, research, and educational agency and clearinghouse for symphony orchestras to help strengthen the work in their local communities;

(2) to assist in the formation of new symphony orchestras;

(3) to encourage and recognize the work of America's musicians, conductors, and composers, through suitable means; and

(4) to aid the expansion of the musical and cultural life of the United States through suitable educational and service activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1302.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

22302

36:3403.

Oct. 15, 1962, Pub. L. 87–817, §3, 76 Stat. 930.

§22303. Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights, privileges, and designation of classes of members are as provided in the constitution and bylaws of the corporation.

(b) Voting.—Each member (except an honorary, sustaining, or associate member) has one vote on each matter submitted to a vote at a meeting of the members.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1302.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

22303

36:3406.

Oct. 15, 1962, Pub. L. 87–817, §6, 76 Stat. 931.

In subsection (a), the words “are as provided in the constitution and bylaws of the corporation” are substituted for “shall . . . be determined as the constitution and bylaws of the corporation may provide” to eliminate unnecessary words.

In subsection (b), the words “the right to” are omitted as unnecessary.

§22304. Governing body

(a) Board of Directors.—(1) The board of directors is the governing body of the corporation. Between meetings of the members of the corporation, the board is responsible for the general policies and program of the corporation and for the control of contributions raised by the corporation.

(2) The number of directors, their manner of selection (including the filling of vacancies), and their term of office are as provided in the constitution and bylaws of the corporation.

(b) Officers.—(1) The officers of the corporation are a president, one or more vice presidents as provided in the constitution and bylaws, a secretary, a treasurer, and one or more assistant secretaries and assistant treasurers as provided in the constitution and bylaws.

(2) The manner of election, term of office, and duties of the officers are as provided in the constitution and bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1302.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

22304(a)

36:3407.

Oct. 15, 1962, Pub. L. 87–817, §§7, 8, 76 Stat. 931.

22304(b)

36:3408.

In subsection (a), the text of 36:3407(a) and the word “Thereafter” in 36:3407(b) are omitted as obsolete. The word “contributions” is substituted for “all contributed funds” to eliminate unnecessary words.

§22305. Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, agents, and employees as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property; and

(7) sue and be sued.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1302.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

22305

36:3404(2)–(9).

Oct. 15, 1962, Pub. L. 87–817, §§4(2)–(9), 17, 76 Stat. 930, 933.

36:3417.

In this section, the text of 36:3417 is omitted as executed and obsolete.

In clause (1), the word[s] “and alter” and “not inconsistent with the laws of the United States or any State in which the corporation is to operate” are omitted as unnecessary.

In clause (2), the word “use” is omitted as unnecessary.

In clause (3), the word “activities” is substituted for “business” for consistency in the revised title.

In clause (4), the words “make contracts” are substituted for “contract and be contracted with” to eliminate unnecessary words.

Clause (5) is substituted for “take by lease, gift, purchase, grant, devise, or bequest from any private corporation, association, partnership, firm, or individual and to hold any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation” and “transfer, convey, lease, sublease, encumber, and otherwise alienate real, personal, or mixed property” for consistency in the revised title and to eliminate unnecessary words. The words “subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State” are omitted as unnecessary.

In clause (6), the words “instruments of indebtedness” are substituted for “bonds” for consistency in the revised title. The words “secure its obligations by granting security interests in its property” are substituted for “secure the same by mortgage, deed of trust, pledge or otherwise” to eliminate unnecessary words. The words “for the purposes of the corporation”, “therefor”, and “subject in every case to all applicable provisions of Federal and State laws” are omitted as unnecessary.

In clause (7), the words “complain and defend in any court of competent jurisdiction” are omitted as unnecessary.

§22306. Exclusive right to name, insignia, emblems, and badges

The corporation has the exclusive right to use the name “American Symphony Orchestra League” and distinctive insignia, emblems and badges, descriptive or designating marks, and words or phrases required to carry out the duties and powers of the corporation. This section does not affect any vested rights.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1303.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

22306

36:3416.

Oct. 15, 1962, Pub. L. 87–817, §16, 76 Stat. 933.

The words “sole” and “to have and to use in carrying out its purposes” are omitted as unnecessary. The words “required to carry out the duties and powers of the corporation” are substituted for “as may be required in the furtherance of its functions” for consistency in the revised title and with other titles of the United States Code. The last sentence is substituted for “No powers or privileges hereby granted shall, however, interfere or conflict with established or vested rights” for consistency in the revised title and to eliminate unnecessary words.

§22307. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or assist a political party or candidate for public office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member as such during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of compensation to an officer in an amount approved by the board of directors.

(d) Loans.—The corporation may not make a loan or advance to a director, officer, or employee. Directors who vote for or assent to making a loan or advance to a director, officer, or employee, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1303.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

22307(a)

36:3412.

Oct. 15, 1962, Pub. L. 87–817, §§9, 10, 12, 76 Stat. 932.

22307(b)

36:3410.

22307(c)

36:3409(a).

22307(d)

36:3409(b).

In subsection (a), the words “any shares of” are omitted as unnecessary.

In subsection (c), the words “inure to the benefit of” are substituted for “inure to” for consistency in the revised title.

In subsection (d), the words “or advance” are added in 2 places for consistency in the subsection.

§22308. Principal office

The principal office of the corporation shall be in Charleston, West Virginia, or another place decided by the board of directors. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted throughout the States, territories, and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1303.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

22308

36:3405(a).

Oct. 15, 1962, Pub. L. 87–817, §5(a), 76 Stat. 930.

The words “the Commonwealth of Puerto Rico” are omitted as included in “territories, and possessions of the United States”.

§22309. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1303.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

22309(a)

36:3413 (1st sentence).

Oct. 15, 1962, Pub. L. 87–817, §13, 76 Stat. 932.

22309(b)

36:3413 (last sentence).

The word “records” is substituted for “books and records” for consistency in the revised title and with other titles of the United States Code.

§22310. Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1304.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

22310

36:3405(b).

Oct. 15, 1962, Pub. L. 87–817, §5(b), 76 Stat. 930.

The words “at all times” and “authorized” are omitted as unnecessary.

§22311. Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1304.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

22311

36:3411.

Oct. 15, 1962, Pub. L. 87–817, §11, 76 Stat. 932.

§22312. Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be distributed as provided by the board of directors, but in compliance with the constitution and bylaws of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1304.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

22312

36:3415.

Oct. 15, 1962, Pub. L. 87–817, §15, 76 Stat. 933.

The word “satisfaction” is omitted as included in “discharge”, and the word “obligations” is omitted as included in “liabilities”. The words “outstanding” and “all Federal and State laws applicable thereto” are omitted as unnecessary.

CHAPTER 225—AMERICAN WAR MOTHERS

Sec.

22501.

Organization.

22502.

Purposes.

22503.

Membership.

22504.

Powers.

22505.

Exclusive right to name.

22506.

Restrictions.

22507.

Tax-exempt status.

22508.

Meetings.

22509.

Service of process.

22510.

Annual report.

§22501. Organization

(a) Federal Charter.—American War Mothers (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Place of Incorporation.—The corporation is declared to be incorporated in the District of Columbia.

(c) Period of Existence.—The corporation may continue to exist until there are no individuals who qualify for membership.

In clause (2), before subclause (A), the word “natural” is substituted for “of her blood” to eliminate unnecessary words. The words “or sons”, “or daughters”, “or stepsons”, and “or stepdaughters” are omitted as unnecessary.

§22504. Powers

The corporation may—

(1) adopt a constitution, bylaws, and regulations;

(2) adopt and alter a corporate seal;

(3) adopt emblems and badges;

(4) establish and maintain offices to conduct its activities;

(5) establish State, territorial, and local subdivisions;

(6) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation, subject to section 22506(b) of this title;

In this section, the text of 36:99 is omitted as executed and obsolete.

In clause (1), the words “to carry out its purposes, not inconsistent with the laws of the United States or of any State” are omitted as unnecessary.

In clause (2), the words “at pleasure” are omitted as unnecessary.

In clause (3), the words “adopt emblems and badges” are substituted for “to use in carrying out the purposes of the corporation such emblems and badges as it may adopt” for consistency in the revised title and to eliminate unnecessary words.

In clause (4), the word “activities” is substituted for “business” for consistency in the revised title.

Clause (6) is substituted for “receive, hold, own, use, and dispose of such real estate and personal property as shall be necessary for its corporate purposes” for consistency in the revised title and to eliminate unnecessary words. The words “subject to section 22506(b) of this title” are added to alert the reader to the restriction in that section.

In clause (8), the words “in courts of law and equity” are omitted as unnecessary.

In clause (9), the word “things” is omitted as included in “act”.

§22505. Exclusive right to name

The corporation and its State, territorial, and local subdivisions have the exclusive right to use the name “American War Mothers”.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1305.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

22505

36:100.

Feb. 24, 1925, ch. 303, §10, 43 Stat. 968.

The words “to have” are omitted as included in “to use”. The words “in carrying out its business purposes” are omitted as unnecessary.

§22506. Restrictions

(a) General.—The corporation shall be nonprofit, nonpolitical, nonsectarian, and nonpartisan, and may not promote the candidacy of an individual seeking public office.

(b) Ownership and Use of Property.—The corporation may not accept, own, or hold, directly or indirectly, any property not reasonably necessary to carry out the purposes of the corporation.

In subsection (a), words “as an organization” are omitted as unnecessary.

In subsection (b), the words “real or personal” are omitted as unnecessary and for consistency in the revised title. The words “not reasonably necessary to carry out the purposes of the corporation” are substituted for “except such as may be reasonably necessary to carry out the purposes of its creation as defined in this chapter” to eliminate unnecessary words.

Section Referred to in Other Sections

This section is referred to in section 22504 of this title.

§22507. Tax-exempt status

The personal property and funds of the corporation, whether principal or income, so long as held or used only to carry out the purposes of the corporation, are exempt from taxation by the United States Government, the District of Columbia, and the territories and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1305.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

22507

36:96 (1st sentence).

Feb. 24, 1925, ch. 303, §6 (less proviso), 43 Stat. 967.

The words “so long as held or used only to carry out the purposes of the corporation” are substituted for “held or used for the purposes hereof, pursuant to the provisions of this chapter . . . so long as the same shall be so used” to eliminate unnecessary words. The words “the United States Government, the District of Columbia, and the territories and possessions of the United States” are substituted for “the United States or any Territory or District thereof” for clarity.

§22508. Meetings

The corporation may hold its meetings at any place the corporation decides.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1305.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

22508

36:94.

Feb. 24, 1925, ch. 303, §4, 43 Stat. 967.

§22509. Service of process

As a condition to the exercise of any power or privilege granted by this chapter, the corporation shall file, with the secretary of state or other designated official of each State, the name and address of an agent in that State on whom legal process or demands against the corporation may be served.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1305.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

22509

36:102.

Feb. 24, 1925, ch. 303, §12, 43 Stat. 968.

The words “precedent”, “herein”, and “or conferred” are omitted as unnecessary. The words “with the secretary of state or other designated official” are substituted for “in the office of the secretary of each State” for consistency in the revised title. The words “post-office” and “authorized” are omitted as unnecessary.

§22510. Annual report

Not later than January 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior calendar year. The report may not be printed as a public document.

The word “submit” is substituted for “make and transmit” for consistency in the revised title and to eliminate unnecessary words. The word “activities” is substituted for “proceedings” for consistency in the revised title.

Termination of Reporting Requirements

For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 197 of House Document No. 103–7.

Amendments

§22702. Purposes

The purposes of the corporation are—

(1) to preserve for ourselves and our posterity the great and basic truths and enduring principles upon which this Nation was founded;

(2) to maintain a continuing interest in the welfare and rehabilitation of the disabled veterans of World War II, the Korean conflict, and the Vietnam era and to establish facilities for the assistance of all veterans and to represent them in their claims before the Department of Veterans Affairs and other organizations without charge;

(3) to dedicate ourselves to the service and best interests of the community, State, and Nation to the end that our country shall be and remain forever a whole, strong, and free Nation;

(4) to aid and encourage the abolition of prejudice, ignorance, and disease;

(5) to encourage universal exercise of the voting franchise to the end that there shall be elected and maintained in public office men and women who hold public office as a public trust administered in the best interests of all the people;

(6) to advocate the development and means by which all Americans may become enlightened and informed citizens and thus participate fully in the functions of our democracy;

(7) to encourage and support an international organization of all peace-loving nations to the end that not again shall any nation be permitted to breach their national peace;

(8) to continue to serve the best interests of our Nation in peace as in war;

(9) to develop to the utmost the human, mental, spiritual, and economical resources of our Nation;

(10) to perpetuate and preserve the friendships and comradeship born on the battle front and nurtured in the common experience of service to our Nation during time of war; and

(11) to honor the memory of those men and women who gave their lives that a free America and a free world might live by the creation of living memorials in the form of additional educational, cultural, and recreational facilities.